Fundamental Rights and Duties in Indian Constitution

Fundamental rights

1. Fundamental duties complement Fundamental Rights By Swapnanil Bose Class – 9, Section – A, Roll No. – 36 History Project

2. Fundamental duties complement Fundamental Rights Introduction: The Constitution of India  is the supreme law of the land, which lays down the basic framework and principles for the governance of the country. It was adopted by the Constituent Assembly of India on 26th November 1949 and came into effect on 26th January 1950. The Indian Constitution  is unique in the sense that it not only guarantees a set of fundamental rights to its citizens but also imposes certain duties and responsibilities upon them. This blog aims to explain the fundamental rights and duties enshrined in the Indian Constitution.

3. Fundamental duties complement Fundamental Rights The concept of fundamental rights and duties in the Indian Constitution has evolved significantly since its inception. These elements form the bedrock of Indian democracy, ensuring a balance between individual freedoms and societal responsibilities. Understanding the historical evolution of these rights and duties is crucial to appreciate their current interpretation and application in India’s diverse and dynamic society.

4. Fundamental duties complement Fundamental Rights What are Fundamental Rights as per Indian Constitution? The Constitution offers all citizens, individually and collectively, some basic freedoms. These are guaranteed in the Constitution in the form of six broad categories of Fundamental Rights, which are justifiable. Article 12 to 35 contained in Part III of the Constitution deal with Fundamental Rights. These are:

5. Fundamental duties complement Fundamental Rights - Fundamental Rights Right to equality, including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment. Right to freedom of speech and expression, assembly, association or union, movement, residence, and right to practice any profession or occupation (some of these rights are subject to security of the State, friendly relations with foreign countries, public order, decency or morality). Right against exploitation, prohibiting all forms of forced labour , child labour and traffic in human beings

6. Fundamental duties complement Fundamental Rights - Fundamental Rights (cont.) Right to freedom of conscience and free profession, practice, and propagation of religion. 5.   Right of any section of citizens to conserve their culture, language or script , and right of minorities to establish and administer educational institutions of their choice; and 6. Right to constitutional remedies for enforcement of Fundamental Rights .

7. Fundamental duties complement Fundamental Rights - Fundamental Duties What are Fundamental Duties as per Indian Constitution ? By the 42nd Amendment of the Constitution, adopted in 1976, Fundamental Duties of the citizens have also been enumerated. Article 51 'A', contained in Part IV A of the Constitution deals with Fundamental Duties. These enjoin upon a citizen among other things

8. Fundamental duties complement Fundamental Rights - Fundamental Duties To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem. To cherish and follow the noble ideals which inspired our national struggle for freedom. To uphold and protect the sovereignty, unity and integrity of India. To defend the country and render national service when called upon to do so. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities. To value and preserve the rich heritage of our composite culture.

9. Fundamental duties complement Fundamental Rights - Fundamental Duties (cont.) 7. To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion f or living creatures. 8. To develop the scientific temper, humanism and the spirit of inquiry and reform. 9. To safeguard public property and to abjure violence. 10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement. 11. To provide opportunities for education to their child or ward, between the age of 6 and 14 years.

10. Fundamental duties complement Fundamental Rights PURPOSE OF FUNDAMENTAL DUTIES: Every citizen should realise that the first is to Defend the country and promote harmony of the nation; that is, the national interest should be ahead of every action and goal.  Indian Fundamental Duties include abiding by the Indian Constitution, respecting our flag, keeping a sense of respect for the national anthem and protecting public property. In this constitution, through the 42nd Amendment Act 1976, the fundamental duties of citizens were listed. Article 51 ‘A’ embodied in Part IV of the Constitution deals with Fundamental Duties. In India, January 6 is celebrated as “Fundamental Duties Day”.

11. Fundamental duties complement Fundamental Rights Enforcement of Fundamental Duties: The Court cannot enforce fundamental Duty. Meaning is unenforceable. There is no mention of any law in the constitution for the direct enforcement of these duties or the redressal of their violation. But if any law is made keeping in mind Article 14 and Article 19, it will be honourable .

12. Fundamental duties complement Fundamental Rights Criticism of Fundamental Duties: Some other essential subjects not included in this list like paying taxes, family planning and voting etc.  Many Fundamental Duties are not defined correctly. That’s why it is difficult to understand. There is no talk of enforcement of duties, which is the main criticism. Because for this reason it has not been implemented well till now. Some experts believe that by including it in Part-4A, the value of Fundamental Duties gets reduced following the policy directive principles.

13. Fundamental duties complement Fundamental Rights Swaran Singh Committee: This committee was highly important, and no discussion on fundamental duties can be considered complete without referring to this one, irrespective of other provisions.  There was no mention of Fundamental Duties in the original Constitution of India. In 1976, the Indira Gandhi government constituted a committee under the chairmanship of Sardar Swaran Singh.

14. Fundamental duties complement Fundamental Rights Swaran Singh Committee (cont.) This committee recommended eight Fundamental Duties, but the government added ten duties. But three suggestions of these committees were not considered by the government.  Parliament should be given the power to make laws for the implementation of these duties and to punish for the violation. Such a law will be valid even if it violates the fundamental right. The duty to pay taxes should also be a fundamental duty of the Indian people.

15. Fundamental duties complement Fundamental Rights Difference between Fundamental Rights and Directive Principles of State Policy: Fundamental Rights are the individual rights guaranteed by the Constitution, while Directive Principles of State Policy are the guidelines and principles for the governance of the country. While Fundamental Rights are justiciable, Directive Principles of State Policy are not enforceable by the courts.

16. Fundamental duties complement Fundamental Rights Can the Fundamental Rights be suspended during an emergency? Yes, during a  national emergency  declared under  Article 352  of the Constitution, the Fundamental Rights can be suspended except for Articles 20 and 21. Can Fundamental Rights be amended? Yes, Fundamental Rights can be amended without affecting the basic structure of the Constitution. What happens if a law is in violation of Fundamental Rights? If a law is in violation of Fundamental Rights, it can be struck down by the courts as unconstitutional.

17. Fundamental duties complement Fundamental Rights Can Fundamental Rights be restricted by the state? Yes, Fundamental Rights can be restricted by the state, but only if there is a reasonable basis for such restriction. For example, the right to free speech and expression can be restricted if it poses a threat to national security or public order. Are Fundamental Rights absolute? No, Fundamental Rights are not absolute. They are subject to reasonable restrictions, as mentioned in the Constitution.

18. Fundamental duties complement Fundamental Rights What is the difference between legal rights and Fundamental Rights? Legal rights are rights that are recognized by law and can be enforced by the courts. Fundamental Rights, on the other hand, are the basic rights guaranteed to citizens by the Constitution. While legal rights can be limited or modified by the law, Fundamental Rights are protected by the Constitution and cannot be taken away or limited by the law.

19. Fundamental duties complement Fundamental Rights Conclusion: The Indian Constitution provides for both fundamental rights and duties, which are essential for the well-being and progress of the society. While fundamental rights ensure the dignity and development of the individual, fundamental duties emphasize the responsibilities and obligations of the citizens towards the society and the country. It is the duty of every citizen of India to respect and uphold these fundamental rights and duties, which are the foundation of our democracy and the progress of our country.

20. Fundamental duties complement Fundamental Rights Conclusion (cont.) The Fundamental Rights and Duties are the cornerstone of the Indian Constitution. They ensure that every citizen of India is guaranteed certain rights and is aware of their duties towards the society and the country. While the Fundamental Rights protect the dignity and development of the individual, the Fundamental Duties promote social cohesion, patriotism, and national integration. It is the duty of every citizen of India to respect and uphold these Fundamental Rights and Duties, which are the bedrock of our democracy and the progress of our country.

21. Fundamental duties complement Fundamental Rights Conclusion (cont.) The interplay of fundamental rights and duties is pivotal for the progress and harmony of Indian society. These constitutional provisions not only protect individual liberties but also foster a sense of collective responsibility, crucial for the nation’s holistic development .

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26. Fundamental duties complement Fundamental Rights THANK YOU