What are Fundamental Rights and Duties? How important are these to us. Let's know

Ashok Nayak

What are Fundamental Rights and Duties? How important are these to us. Let's know

Fundamental Rights and Duties: 
Like the modern constitutions of most democratic countries, the Constitution of India also includes many Fundamental Rights for the citizens. The Indian constitution not only guarantees these fundamental rights, but it is also more comprehensive and clear than the rights found in other constitutions of the world. In this article, we will consider the fundamental rights given in Part Three of the Constitution of India and the ideas or thoughts contained in them. Will know about ( हिंदी में पढ़ने के लिए यहां क्लिक करें)

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Objects of this article -

After reading this article, you can tell the meaning of fundamental rights, To understand the various freedoms given under the Right to Freedom, to recognize the provisions made to make individual liberty and life safe, understand and diversify the importance of the role of 'Right to Religious Freedom' as the basis of secularism in India  Understand the imperative of 'cultural and educational rights' for coexistence in society.  Develop understanding of its importance especially for minorities

Under the 'Right to Constitutional Remedies' as a shield against various types of violation of fundamental rights, you will be able to understand the various types of 'writ' or articles given under Right to constitutional remedies. To develop a fair understanding of the limitations on fundamental rights. Understand the relationship between Fundamental Rights and Duties. Understand the importance of fundamental duties as recorded in the constitution. So let's start.

Need and Importance of Fundamental Rights - 

Looking at the history of fundamental rights, we come to know that the United States of America was the first country to file fundamental rights in its constitution. Germany adopted them through the Weimar Constitution in 1919 and similarly Ireland and Russia accepted them in 1922 and 1936 respectively.

During our freedom struggle, our national leaders realized the importance of these rights for the people. Hence in 1928, the proposed Bill of Rights came on the demand of the Nehru Committee.  When India became independent, the Constituent Assembly incorporated some fundamental rights into the Constitution, which specifically ensured the defense and named them fundamental rights.  The original word emphasizes the following points:

  • They are separately recorded in the Constitution of India.
  • The Constitution has made special provisions for their protection.
  • These rights can be enforced by the courts.
  • These rights are conferred by the constitution and have constitutional status.

How is Fundamental Rights different from ordinary rights?

Let us try to understand how Fundamental Rights are different from ordinary rights created by the legislature.

  1. Common rights are not protected from the constitution of the country like fundamental rights.
  2. Changes in fundamental rights can only be done by amending the constitution, while ordinary laws can be changed only by simple procedure of law making.
  3. Violation of fundamental rights by any part of the government is prohibited although these can be amended by established procedure.
  4.  In case of violation of fundamental rights, the judiciary has the responsibility and jurisdiction to protect them. No such guarantee in the case of ordinary laws.

Characteristics of Fundamental Rights

  1. Fundamental rights guaranteed by the constitution are above ordinary laws.
  2. The Supreme Court and the High Courts have the power to enforce fundamental rights through writ (writ), orders and directions. 
  3. In addition to some rights for citizens, there are also rights for non-citizens.
  4. Many types of controls have been imposed on the use of Fundamental Rights. This means that these rights are not unlimited.
  5. The courts have the right to check whether the control imposed on Fundamental rights is reasonable or not, in the event of an emergency, the fundamental rights can be limited or suspended.

Power to amend Fundamental Rights

  • The Supreme Court of India has declared that fundamental rights under Article 368 of the Constitution of India are beyond its power to amend. This decision was given in Golaknathism (case).
  • The Parliament was given the right to amend the Fundamental Rights by the 24th and 25th amendments of the Constitution.
  • The Supreme Court also accepted the power to amend the fundamental rights of Parliament in the Kesavananda Bharatiism (case).

The 42nd Amendment further emphasized the right of Parliament to amend fundamental rights.  In 1980, while giving the decision of Minerva Milwad (case), the Supreme Court clearly stated that everything that distorts the balance of Part III and Part IV of the Constitution will be considered as destroying the basic structure of the Constitution and unconstitutional.

How many are the fundamental rights

Originally, Part III of the Constitution of India included seven fundamental rights including the right to property. Which was removed by the 44th Constitutional Amendment. Now there are only six fundamental rights: which is as follows.

  1. Right to equality
  2. Right to freedom
  3. Right against exploitation
  4. Right to religious freedom
  5. Right to culture and education
  6. Right to constitutional remedies

What is the right to equality: (Articles 14-18)

( i ) Equality before law (law) to all people, citizens and outsiders means that the state will not deny any person equality before law and equal protection of law within the territory of India. This right is enshrined in Article 14 of the Constitution and prohibits any discrimination by the state.

( ii ) Restrictions on discrimination under Article 15 include no discrimination against a citizen on the basis of race, religion, caste, sex or place of birth. This means that every citizen has the right to use all shops, public places and wells, ponds and roads. This right is necessary to bring social equality.

( iii ) Equality of opportunities under Article 16 means that all citizens have equal opportunities in the matter of any employment or appointment in an office under the state. This means that employment will be given only on the basis of merit and eligibility.

Some exceptions 

(a) When qualification of residence is included in certain jobs under the State Governments.

(b) When certain posts are reserved for Scheduled Castes, Scheduled Tribes or Other Backward Classes

(c) When a person from the same community is to be appointed for a job in a position in institutions of any religious or minority community.

The equality of opportunities does not apply in these a, b, c situations.

(iv) Untouchability has been abolished and its practice in any form is banned. It has been made a punishable offense under Article 17. Millions of Indians who have suffered discrimination, humiliation and mistreatment in society are no longer untouchables. Continuous efforts are made to upgrade their social status. 

Mahatma Gandhi had a great desire to root out the evil of untouchability, but unfortunately it is still seen in some parts of the country.

(v) Article-18 prohibits the granting of any title or degree in addition to military or educational honors to the state. Before independence, the British used to distribute Upadhiyas to those loyal to them and those who worked in their interest.  Hence they have been abolished. 

In his place, the President of India can confer the titles like Bharat Ratna, Padam Vibhushan, Padam Bhushan and Padam Shri to distinguished citizens belonging to public, social, educational and sports sectors.  Similarly, soldiers or gallantry awards can be given for service or sacrifice in the army or para military forces.

What is the right to freedom?  (Articles 19-22)

The right to freedom is the center of social freedom and protects the individual from the oppressive actions of the executive. Article 19 guarantees six freedoms which are essential for the development of one's personality and the successful operation of democracy. These freedoms are -
  1. Freedom of thought expression [Article 19 (a)]
  2. Freedom of peaceful assembly without arms [Article 19 (b)]
  3. Organization and freedom to form associations [Article 19 (c)]
  4. Freedom to roam freely in the whole region of India [Article 19 (d)]
  5. Freedom to live and settle permanently in any part of India [Article 19 (e)]
  6. Freedom to adopt any profession or to do any business, business or business [Article 19 (g)]

Freedom is essential for democracy although the Indian constitution makers were committed to many types of fundamental freedoms, yet they believed that all such freedoms should not be absolute or uncontrolled. Therefore, some rational restrictions were imposed on liberties so that Che would not lead to chaos, disorder and disintegration of the country.

• To protect the State from friendly relations with itself or with friendly countries or in public order, morality or public interest and in contempt of court, from provoking slander or any offense and imposing reasonable restrictions in the interest of sovereignty, unity and integrity of the country. Has the right to.

There are two rational restrictions to freedom under Article 19 (b).

(i) Meetings, rallies and processions should be peaceful.

(ii) The participants should not have any weapon.

Freedom of organization and association under Article 19 (c) is essential for the successful functioning of democracy and the role of political parties. But when some illegal, immoral and conspiratorial organizations are formed, the unity and sovereignty of the country are endangered.  Therefore, the state cannot allow such organizations.

Independence given under Article 19 (d, e, f) may also impose some reasonable restrictions on the state authority -

( i ) In the interest of the general public

(ii) For the protection of Scheduled Tribes

(iii) To prevent the spread of infectious diseases

Under Article 19 (g), the freedom to adopt a business or to carry on any business, business and business does not mean the freedom to obtain jobs and the freedom to do business which is fatal to society. Gambling, prostitution, drug trade etc. are not allowed. Similarly, the work of a doctor without mandatory qualification is also not allowed.

Right to life and personal liberty

The constitution of India provides protection against the voluntary action of the state under Article 20 to 22, so the right to life and personal liberty is very essential to enjoy all other rights.

Article 20 provides protection if found guilty for offenses.

  1. No person can be charged with any offense other than violation of the law in charge while committing an offense, nor can it be punished more than the definite punishment for this offense.
  2. No person can be punished for the same crime more than once.
  3. No person can be compelled to testify in favor of the charges against him.

Article 20, often described as natural justice, protects an accused person from arbitrary arrest and greater punishment.

Article 21 stipulates that no person shall be deprived of his life and personal liberty without the procedure established by law. This article guarantees every Indian citizen freedom against the voluntary behavior of the state. During the Emergency of 1975–77, the state gained unprecedented powers to limit freedom to the people. 

The 44th amendment was passed to avoid a recurrence of this type of situation. According to this Act, the right to life and personal liberty will continue uninterrupted even during an emergency.

Do you know ?

Right to Education The demand to make education a fundamental right was fulfilled by the 86th amendment to the Constitution of India in 2002 and the implementation of the Right to Education Act in 2009.  Article 21A states that the state shall provide free and compulsory education to all children between the ages of 6 to 14 in the manner prescribed by its law.  This means that all the children of the above age group will get free and compulsory education as a fundamental right.

Article 22 provides two types of protection against arbitrary arrest and detention.

( a ) (i) No one can be arrested without giving the basis or reason for the arrest.
(ii) The arrested person has to be produced before the nearest judge within 24 hours of arrest.
(iii) The arrested person has the right to defend himself by the lawyer of his choice.  Foreigners or those arrested under preventive detention do not have this right.

( b ) Preventive detention - Preventive detention means arrest to prevent a person from committing a crime. If there is a possibility that a person may commit a wrongdoing or a crime, he can be put under house arrest for a limited time which will not exceed three months. After three months, a counseling board reconsiders such cases.

The widespread abuse of the Preventive Detention Act by many eminent people; Like political opponents have been criticized due to the arrest.  Therefore, this law was automatically passed in late 1969. In December 1971, a new law was passed by the Parliament under the Buddha of Bangladesh to deal with anti-national elements. It was known as MISA

Meaning of misa

MISA broadly meant the Internal Security Maintenance Act. Leaders, activists and their supporters were arrested in large numbers with the declaration of emergency in June 1975, despite assuring Misa not to use them against political opponents. Even the people were not given the right to approach the court or appeal.

As a result, the Preventive Detention Act was amended by the Janata Government in 1978 by the 44th amendment and the power of the state was limited.

In the context of preventive detention, the present situation is that any person can be generally detained for two months without the advice of the counseling board.

What is the right against exploitation?  (Articles 23-24)

Articles 23 and 24 of the Indian Constitution relate to the right against exploitation. The purpose of this right is to protect the vulnerable, marginalized and underprivileged sections of society from exploitation. This right maintains the dignity of a person in conformity with the two articles of the Indian Constitution mentioned below.

(i) Article 23 prohibits human trade, forced labor and similar forced labor. No person can be forced to work without salary. But this article does not prevent the state from obtaining compulsory service for public purposes without discrimination.

(ii) Article 24 prohibits the employment of children below the age of fourteen for factories, mines or other hazardous jobs. 

Violation of this provision is a punishable offense as per law. It is a matter of misfortune that it is normal for young children to be domestic servants in India. Exploitation by the rich does not come under this article because domestic work is not considered to be working in a factory.  

Similarly, in organized and unorganized sectors, hiring young children in factories, shops, small hotels or dhabas etc. has become a trend.

What is the right to religious freedom?  (Articles 25–28)

Articles 25 to 28 of the Indian Constitution guarantee religious freedom to the citizens of India, being a secular country, it allows all its citizens to have faith in any religion and to worship it as they wish without interfering in the feelings and beliefs of others. Gives freedom

(i) Under Article 25, all people have freedom of conscience and freedom to believe and propagate any religion on the condition of public order, morality and rules of health. Government is connected with any economic, social, political or religious behavior It is a privilege to ban any other activity.

(ii) Article 26 recognizes the right of every religious institution to manage all its functions and to acquire and administer property for religious purposes.

(iii) Article 27 stipulates that no person can be obliged to pay any such tax if the money so collected is used to pay the expenditure incurred for the running of a particular religion or religious work. Want to go

(iv) Article 28 deals with the subject of religious education or instruction and freedom of religious worship in some religious institutions. According to this article:

  1. No religious education will be imparted in any educational institution run by the state treasury.
  2. The above restriction imposed in section 1 will not apply to such educational institutions whose administration is with the state but it has been set up by religious trusts or organizations who want to impart religious education in such institutions.
  3. Religious education can be imparted in those institutions which are not fully looked after in the state treasury.  But even in these institutions, no child can be forced to take religious education.

The purpose of all the above provisions mentioned in the Constitution of India is to provide complete religious freedom without interfering with the state or any other community. That is why India is a secular state.

What is cultural and educational rights?  (Articles 29 and 30)

Articles 29 and 30 of the Indian Constitution assure every citizen of India, especially the minorities, to preserve their culture, language and script Do you know Articles 29 and 30 do not promise the right to education, which is separately 86 of the Constitution  Provided by th e amendment. 

These two articles protect the cultural and educational interests of religious and linguistic minorities -

(i) Article 29 determines that any class residing in the territory of India. One who has his own language, script or culture, will have the right to preserve his language, script and culture.

No citizen shall be denied admission on the basis of religion, clan, caste, language or any one of these educational institutions maintained by the State or State Fund.

(ii) Article 30 guarantees minorities to establish and operate their educational institutions. While providing assistance to educational institutions, the state will not discriminate against any educational institution on the basis that the management of that institution is in the hands of a minority community based on any religion and language.

What is the right to constitutional remedies? (Article 32)

Dr. Bhim Rao Ambedkar, the chairman of the drafting committee, recognized this right as the 'heart and soul' of the Constitution of India.  Fundamental rights needed judicial power behind them to be more effective.

Apart from listing the fundamental rights, the framers of the constitution also offered remedies against the violation of these rights.

Under Article 32, the constitution guarantees to go to the High Courts and the Supreme Court to enforce the fundamental rights of the people.  These courts can give orders or directions to the government to enforce fundamental rights. Such instructions or special orders are called 'writ' or writings.

There are five types of 'writ' (articles)

( i ) Habeas corpus : The habeas corpus writ means that the arrested person be produced before the court so that the court can test whether the arrest is legally justified. In the event of an arrest being unlawful, the court may order the person arrested. This article is considered the most important right for the protection of personal freedom.

( ii ) The mandate: This order is issued when the court finds that a particular officer is violating his or her legal duty and therefore violating the rights of another person or persons.

( iii ) Prohibition : It is an order issued by a superior or higher court to its subordinate court which orders it not to hear the case outside its jurisdiction.

( iv ) Right to question: If the court finds that a person is holding such post or is doing such work for which he is not legally authorized, then the court can order him to leave that post and not to act.

( v ) Inducement : This writ is a directive to a subordinate court to transmit a case pending in the higher court so that the case can be effectively heard there.

Do you know ?

The difference in prohibition and writ of writ (writ) is that prohibition orders an order to stop the subordinate court from hearing, while in superannuation, the superior court orders an information, record or transfer of the entire proceedings for further hearing from the subordinate court.  gives .

Although our fundamental rights are justified, they can be postponed in case of emergency.  Under Article 352 (war or internal armed rebellion), all the freedoms granted under Article 19 are automatically suspended as soon as the Emergency is declared.

Simultaneously, Article 359 authorizes the Parliament to issue a separate order deferring even the right to constitutional remedies during an emergency, which means that no court can go for remedies in the event of a violation and thus  Fundamental rights remain deferred in addition to the right to life and personal liberty.

What is the fundamental duty

If duties are not associated with rights, then the rights become meaningless. If we do not fulfill our duties as a citizen, then other people cannot enjoy their rights. Not only this, the state will also not be able to properly fulfill its obligation to protect us and fulfill our needs like education, health, house, water etc. It was therefore felt that fundamental duties should be included in the Constitution of India.

The 42nd Constitution Amendment, adopted in 1976, provides for eleven important basic or fundamental duties. They are listed in Part IVA under Article 51A of the Constitution. Unlike fundamental rights, these duties are not justified, yet they are important in many ways.

How many are the fundamental duties?

Article 51 (A) A of the Constitution listed the following fundamental duties.

Fundamental Duties - Every citizen of India has a duty to -

(a) Follow the constitution and respect its ideals, symbols and institutions such as national flag and national anthem.

(b) Follow the ideals that inspired our national struggle for freedom.

(c) Protect India's unity and integrity.

(d) If necessary, dedicate oneself to the defense of the country and national service.

(e) Among all the people of India, crossing the religious, linguistic and regional or class diversity.  Increase the feeling of brotherhood and harmony and abandon practices that show disrespect for the dignity of women.

(f) Protect and honor its collective culture and glorious heritage.

(g) The natural environment, which includes forests, streams, rivers and wildlife, to protect and improve and have compassion for animals.

(h) To develop scientific outlook, humanism, Jeevishu tendency and sense of reform.

(i) Protect public property and abandon violence.

(j) To strive for excellence in every field of individual and collective activities so that the country can progress towards higher levels of achievements and enterprise.

(k) Every parent or guardian should provide education opportunity to their 6 to 14 year olds.

Initially there were 10 fundamental duties fixed in 1976 but now there are eleven. The final duty was added to this list in 2002 as a result of the 86th amendment and the right to education under Article 21A. In this way, the duty mentioned at eleventh place complements the right to education, so now it is the duty of parents to take maximum advantage of the right to education.

what have you learned

Part three of the Indian Constitution talks about some fundamental rights which are also necessary for the development of the personality of the person and to make life worthy of living. Because the constitution guarantees these rights, they are called fundamental rights or fundamental rights, special provisions for defense, and these rights, which are considered superior to ordinary rights, are enforced and protected by the courts. Are types.

  1. Right to equality,
  2. Right to freedom,
  3. Right to exploit,
  4. Right to religious freedom,
  5. Cultural and educational rights,
  6. Right to constitutional remedies

The Fundamental Right is justified but not unlimited. Many rational restrictions can be imposed on these rights in the interests of security, health and public order, but sometimes the government abuses these restrictions due to political reasons. In such a situation, the Supreme Court and the High Courts have the power to prevent infringement of fundamental rights by the state or individual. Courts can protect a person's fundamental rights under the right to constitutional remedies.

Rights have no meaning without duties.  Therefore, Part IVA of Savdha prescribes certain fundamental duties under Article 51A. The fundamental duties are eleven.

The eleventh duty was later incorporated in 2002 to supplement the right to education.  Therefore, it is the duty of parents or parents to provide educational opportunities for their 6 to 14 year olds.

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