Fundamental Rights and Duties

India is a democracy that ensures its citizens have certain rights and obligations. The Indian Constitution is the legal foundation that guides the rights and duties of citizens towards society and the state. The article examines Fundamental Rights and Duties within the Indian context. It explains their significance, their implications and gives examples.

Fundamental Rights

Fundamental rights, which are part of Part III in the Indian Constitution guarantee personal liberties. They also serve as protection against any state actions that could violate these rights. All citizens are covered without discrimination.

What are the fundamental rights?

1. Universal ApplicationAll citizens in India have the same fundamental rights, regardless of their caste, religion, or creed.
2. JusticiableThe courts can enforce these rights, and the individual has legal recourse in case they are violated.
3. Constituent of the ConstitutionThe Constitution outlines the importance and permanence of Fundamental Rights.
4. RestrictionThere are certain limitations based on the interests or security of the state.

List of Fundamental Human Rights

1. Right to Equality:

   • Equal treatment before the law is guaranteed and discrimination against various groups (religion or race, castes, gender, birthplace) are prohibited.
   • Article 15: This article prohibits any discrimination on public property and guarantees equal access.

2. Right to Freedom:

   • Freedom of expression, assembly, association and movement.
   • A famous example: Kedar Nath v. State of Bihar, 1962 Reaffirmed the right of free expression while also setting reasonable limitations to maintain order in public.

3. Right against Exploitation (Articles 23-24):

   • Interdiction of human trafficking and the forced or child labour.
   • Article 23 is an example of a law that has been upheld by numerous courts, protecting the rights and interests of women, children, and other marginalized groups.

4. Right to Freedom of Religion, Articles 25 to 28,:

   • Garantises freedom of conscience, including the right to practice and propagate religious beliefs.
   • Case in point: S.R. Bommai V. Union of India (1996) In India, secularism is a key part of Indian ethos.

5. Cultural and Educational Rights:

   • Protection of the right to culture, education and preservation for minorities.
   • Examples: TMA Pai Foundation V. State of Karnataka (2002 Case reinforced minorities’ right to create and manage educational institutions.

6. Article 32: Constitutional remedies:

   • Individuals can now approach the Supreme Court to enforce their Fundamental Rights.
   • Examples: Kesavananda Bharati V. State of Kerala The case established Basic Structure doctrine to protect Fundamental Rights from amendments which threaten democracy.

Basic Duties

In 1976, the 42nd Amendment added the Fundamental Duties as Part IV A of the Constitution. The purpose of these duties is to encourage a feeling of commitment and discipline among the citizens.

What are the fundamental duties?

1. Non-JusticiableThese duties, unlike Fundamental Rights are moral and not legal obligations.
2. Universal ApplicationThe Fundamental Duties are applicable to every citizen equally.
3. Patriotism as a PromotionThe aim is to foster a sense of patriotism, and to contribute to unity and integrity in the country.

List of fundamental duties

1. The Constitution is to be respectedThe Constitution must be respected by all citizens.
2. The noble ideals are to be cherished and followedIt is important that citizens uphold and promote the ideals associated with the struggle for freedom.
3. To defend your countryEach citizen is responsible for defending the nation when necessary.
4. Harmony is a good thing.The citizens are encouraged to encourage a common spirit of brotherhood in all the people.
5. Preserving the rich cultural heritageFundamental duties encourage Indian citizens to protect the culture composite of India.
6. The natural environment is a valuable resource that should be protected and improved.The duty of the citizen is to protect the environment and the biodiversity.
7. To develop scientific temperThe spirit of reform and inquiry should be promoted by citizens.
8. Public property must be protectedEvery citizen is required to defend public property and oppose violence.
9. Promote the provisions made for childrenThe citizens should give children the opportunity and provide facilities to educate and develop.

Relationship between fundamental rights and duties

Fundamental Rights and Duties are mutually related. Fundamental Rights guarantee an individual’s liberty, while Fundamental Duties stress societal responsibility. The balance of fundamental rights and duties is crucial for the sustainability of democracy in India.

Rights and Duties: Importance

1. Individual Liberty ProtectionFundamental Rights are designed to protect against the state’s arbitrary actions and guarantee that citizens have freedom of expression.
2. Promote Social ResponsibilityFundamental duties inspires citizens to take action for the common good.
3. Strengthening DemocracyThe interaction of rights with duties promotes a strong democratic framework.
4. Civic Sense DevelopmentDuty encourages a civic sense of participation and responsibility in citizens.

Rights and Duties in Action

• Right to Education Act (RTE Act) 2009Ensures education opportunities are provided, in particular to children.
• Judges’ RolesLandmark decisions like Maneka Gandhi V. Union of India, 1978 It was stressed that certain duties, such as upholding dignity, must be linked with the right to life and personal liberty (Article 21,).

Challenges to Upholding Rights & Duties

1. Keep up the awareness and enforcementThere are many citizens who do not understand their Fundamental rights and duties, resulting in a lack enforcement.
2. Judicial BacklogThere are severe delays in the Indian justice system, which makes it difficult to deliver justice on time.
3. Societal AttitudesIt is possible that the dominant social norms are in conflict with the enforcement and recognition of certain human rights.
4. Political WillSometimes the right to protection of rights by the state can be compromised out of political motives.

The conclusion of the article is:

India’s Fundamental Rights and Duties form the cornerstone of India’s democratic culture. Rights are meant to provide freedom and protection for citizens, while Duties instill a collective sense of responsibility toward the government and society. Both must be adhered to in order to maintain a fair and balanced society.

FAQ

1. What fundamental rights are guaranteed in the Indian Constitution

The Indian Constitution Part III contains the Fundamental Rights. The Fundamental Rights include: the Right to Equality and Freedom; the Right against Exploitation; the Right to Freedom of Religion and Culture and Educational Rights.

2. Can Fundamental Rights Rights be suspended?

In accordance with Article 352, certain Fundamental Rights may be suspended in the event of a national crisis. Article 352 allows certain Fundamental Rights to be suspended during a national emergency.

3. What are the implications of failure to perform fundamental duties?

While the Fundamental Duties do not have legal force, they can still negatively impact a citizens’ reputation and their perception.

4. What are the fundamental rights and duties?

Fundamental Rights are essential for individuals, while Fundamental duties encourage them to contribute positively and responsibly to the society. They are both essential to a democratic society.

5. In India, is the right to privacy considered a fundamental right?

The landmark case of Justice K.S. Puttaswamy (Retd.) Union of India (2017)The Supreme Court of Canada declared privacy a Fundamental Right in Article 21.

6. What are the restrictions to Fundamental Rights?

While Fundamental Rights are protected, there are reasonable limitations defined by the law to ensure public safety, order and morality as well as greater society interest.

7. Are citizens able to bring a case in court for violations of their Fundamental Rights?

Articles 32 and 226 allow citizens to approach either the Supreme Court or the High Courts for a remedy if they feel their fundamental rights have been violated.

8. What can be done to promote the awareness of fundamental rights and duties?

To foster an informed society, citizens can participate in outreach activities, education programs and digital platforms.

9. What role plays the judiciary when it comes to protecting Fundamental Rights

The judiciary is responsible for ensuring that Fundamental Rights are protected. They interpret the Constitution, and they adjudicate cases that involve violations of these rights.

10. What is the impact of Fundamental Duties on Indian youth?

The Fundamental Duties are designed to encourage young people to participate actively in activities that build a nation, to uphold democratic principles, and to contribute to the development of society. This will ultimately lead to more responsible and engaged citizens.