0 ratings0% found this document useful (0 votes) 55 views7 pagesUnderstanding India Unit 1 Part1
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What are
Fundamental Rights?
Fundamental rights of the Indian constitution are
the basic rights provided by the constitution of
India to its citizens. These rights are essential for
the development of the personality of every
individual. They are also needed to preserve human
dignity.
Fundamental Rights
There are six fundamental rights guaranteed by the
Indian Constitution. They are as follows:
1. Right to Equality
2. Right to freedom
3. Right against exploitation
4. Right to freedom of Religion
5. Cultural and Educational Rights
6. Right to constitutional Remedies
© The fundamental rights of Indian
constitution are given by articles 12 to 35
of the constitution.What are Fundamental Rights?
e Article 12 defines the State and article 13
defines the laws inconsistent with or in
derogation of Fundamental Rights.
The six fundamental rights of Indian constitution
are discussed in detail in the subsequent sections.
© Right to Equality
The right to equality is given in the articles 14-18 of
the Indian constitution. The articles under the right
to equality include the following:
Article 14: Equality before law
Article 15: Prohibition of discrimination on grounds
of religion, race, caste, sex or place of birth.
Article 16: Equality of opportunity in matters of
public employment.
Article 17: Abolition of Untouchability.
Article 18: Abolition of titles: This article aims to
abolish titles such as Rai Bahadur, Raj Bahadur,
Maharaja, Taluqdar, Zamindar, etc., because using
such titles does not give equal status for all.
© Right to freedom
The right to freedom is given in the articles 19-22 of
the Indian constitution.
Article 19: Protection of certain rights regarding
freedom of speech, etc.Article 19: Protection of certain rights regarding
freedom of speech, etc.
Article 20: Protection in respect of conviction for
offences.
Article 21; Protection of life and personal liberty.
Article 21-A: Right to Education
Article 22: Protection Against Arrest and Detention
in certain cases
¢ Right against Exploitation
The right to freedom is given in the articles 23 and
24 of the Indian constitution. They are:
Article 23: Prohibition of traffic in human beings
and forced labour:
Article 24: Prohibition of employment of children in
factories, etc.:
* Right to freedom of Religion
The right to freedom is given in the articles 25 - 28
of the Indian constitution.
Article 25: Freedom of conscience and free
profession, practice and propagation of religion
Article 26: Freedom to manage religious affairs
Article 27: Freedom as to the payment of taxes for
promotion of any particular religionArticle 28: Freedom as to attendance at religious
instruction or religious worship in certain
educational institutions
¢ Cultural and Educational Rights
The right to freedom is given in the articles 29 and
30 of the Indian constitution.
Article 29: Protection of interests of minorities:
Article 30: Right of minorities to establish and
administer educational institutions:
© Right to constitutional Remedies
The right to Constitutional Remedies gives the
citizens the right to approach the Supreme Court or
the High Court to implement the fundamental
rights. The Courts can issue orders to the
government to implement the rights. The right to
constitutional remedies is given by articles 32-35 of
the constitution.
Article 32: According to this article, the Courts can
grant 5 types of writs namely, Habeas Corpus,
Mandamus, Quo Warranto, Prohibition and
Certiorari. Each of this writ is explained below:
1. Habeas Corpus: This writ is to direct the
release of a person detained unlawfully.
2. Mandamus: Using this writ, the court can
direct a public authority to do its duty.3. Quo Warranto - to direct a person to
vacate an office assumed wrongfully.
4, Prohibition — to prohibit a lower court
from proceeding on a case.
5. Certiorari - the power of the higher court
to remove a proceeding from a lower
court and bring it before itself.
Article 33: This article gives powers to the
Parliament to restrict or revoke (remove) the
fundamental rights of the ‘Members of the Armed
Forces, paramilitary forces, police forces,
intelligence agencies and analogous forces
Article 34: According to this article, the
fundamental rights can be restricted when martial
law (military rule) is implemented.
Article 35: This article provides authority to the
Parliament to make laws on Fundamental Rights
Fundamental Duties
¢ Fundamental Duties are the moral
responsibilities of the citizens of India to
help promote a patriotic spirit and to
uphold the unity of our country.
© The fundamental duties were incorporated
under Part IV-A of the Constitution by The
Constitution (42nd Amendment) Act, 1976.e Article 51(A) of the constitution describes 11
fundamental duties.
© It states that it shall be the duty of every
Indian citizen:
(a) to abide by the Constitution and to respect its
ideals and institutions, the National Anthem and
the National Flag;
(b) to cherish the noble ideals which inspired our
national freedom struggle and follow them;
(c) to uphold and to protect the unity, sovereignty,
and integrity of the Indian nation;
(d) to defend the country and render national
service whenever called upon to do so;
(e) 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;
(f) to value and preserve the rich heritage of our
composite culture;
(g) to protect and improve the natural environment
including forests, lakes, rivers and wildlife, and to
have compassion for living creatures;(h) to develop the scientific temper, humanism and
the spirit of inquiry and reform;
(i) to safeguard public property and to abjure
violence;
(j) to strive towards excellence in all spheres of
individual as well as collective activity so that the
nation constantly rises to higher levels of
endeavour and achievement;
(k) who is a parent or guardian to provide
opportunities for education to his child or, as the
case may be, ward between the age of six and
fourteen years.
Conclusion
Fundamental rights and duties are an important
part of the Indian constitution. There are six
fundamental rights that include right to equality,
right to freedom, right against exploitation, right to
freedom of religion, cultural and educational rights,
and right to constitutional remedies. The
fundamental rights are given in the article 12 - 35
of the Indian constitution. These rights help in the
personality development of every citizen and
protect his/her dignity. Fundamental duties are the
responsibility of the Indian citizens towards the
country. There are 11 fundamental duties given in
article 51(A) of the constitution.