FUNDAMENTAL RIGHTS AND ITS CLASSIFICATION 8-3-23.pdf

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1. UNIT -II
FUNDAMENTAL RIGHTS AND ITS
CLASSIFICATION

2. Write the fundamental rights of Indian constitution and explain in detail.
Afterthepost-independenceera,Indiabroughtdownsomeveryessentialfundamental
rights.TheserightsareguaranteedbythelawtoeverycitizenofIndia.Itisimportantto
knowwhattheyaresothatnoonecanbedeprivedofhis/herrights.
1.RighttoEquality:Thisrightstatesthatallcitizensarethesameunderthelaw.This
meansthatmenandwomenareequalnomatterwhatreligionorcastetheybelongto.
ThelawwilltreataBrahminwomaninthesamewaythatitwouldtreataMuslimman
iftheyweretobreakthelaw.Thetypesofequalityareasfollows:
•Natural
•Social
•Civil
•Economic
•Political
•Legal

3. 2. Right to Freedom:The particular law allows the people of the country to ensure the
government and its policies. They are allowed to organisethemselves however they choose
and carry out their daily lives in any way they seem fit. Of course within limits. In short,
people are able to exist without fear of a higher force such as the government.
Article 19 -Freedom to the following concerns.
1.Right to freedom of expression
2.Right to freedom of assembly without arms
3.Right to freedom of movement throughout the territory of our country
4.Right to freedom of association
5.Right to freedom to practice any profession
6.Right to freedom to reside anywhere within the territory of the country
However, these rights have their restrictions.

4. 3. Right against Exploitation:One should always remember that to be exploited is to be misused. We often
see that kids and poor people are especially vulnerable to being exploited. This one of the most important
fundamental rights ensures things like education for children and equal pay for equal work.
Article 23 -It regulates the prohibition of traffic and forced labour.
1.It implies the misuse of others’ services or labourwithout payment.
2.Labourwithout payment is known as begar.
3.One cannot force anyone to engage in labouragainst his/her will.
4.Forced labouris forbidden by the constitution.
5.The article makes trafficking unconstitutional.
6.Trafficking refers to buying and selling of men and women for illegal and offensive activities.
Article 24 -Prohibition of employment of children in factories.
It says no child below the age of 14 is allowed to be employed to work in any of the factories or indulge in
any hazardous employment.
The following laws were passed in pursuance of Article 24:
1.The factories act, 1948.
2.The Mines Act, 1952.
3.The Child Labour(Prohibition and regulation act 1986).
4.Child LabourAct 2016.
5.Child LabourAmendment Rules, 2017.

5. 4.RighttoFreedomofReligion:Inourcountry,eachandeverycitizencan
practicetheirchoiceofreligion.Everyoneisfreetodowhateverhis/herreligion
tellsthemtodo.SoMuslimsfastduringRamzan,ChristiansduringLentand
HindusduringNavaratri.However,infollowingourreligionweshouldnotforget
thatotherpeoplearefreetofollowtheirsandthatthisisnoreasontofight.
Article26-Freedomtomanagereligiousaffairs.
Article27-Freedomtopaymentoftaxesforpromotionofanyparticular
religion.
Article28-Freedomtoattendanceatreligiousworshipincertaineducational
institutions.

6. 5.CulturalandEducationalRights:Themainaimofthislawistoprotectminorities.
Wehavemultiplegroupsofpeoplewhoareverylessinnumber.Theymostlylivein
remoteareasorhavebeendowntroddenbytheold-fashionedsociety.Wecaninclude
certaincastesandtribeswholiveinjungles,awayfromdevelopedbigcitiesandtowns.
Evenaparticularsegmentofthepublic,calledDalitsorthesmallreligiousgroupslikethe
Parsisdocomeunderminorities.Allthesepeoplehaveafundamentalrighttoenjoyallthe
benefitsthatthemajorityofcitizensenjoy.
Article29(1)providesallcitizensresidinginIndiawithdistinctcultures,languages,and
scripts.Thisrightisabsoluteandconsistsofnoreasonablerestrictionintheinterestofthe
generalpublic.
Article29(2)statesthatthestateshallnotdenyanyadmissiontoaneducationalinstitution
toanypersonbasedoncaste,creed,colour,race,orreligion.Thisrightisforindividuals
andnotanycommunity.
Article30statestherightsofminoritiestoestablishandadministerEducational
Institutions.

7. 6. Right to Constitutional Remedies:This right is very important for the
legal development of the citizens and the country. All citizens have equal
right to appeal to the court of law for justice. If they feel they have a threat
to life or property or to join the government in order to effect this change.

8. SignificanceofFundamentalRights
Thefundamentalrightsarenecessaryfordemocracybecausetheyprotectthecitizensfrom
thegovernment.
Theyensurethatthegovernmentcannotabuseitspowerandthatthecitizensaretreated
fairly.
TheIndianConstitutionguaranteesseveralfundamentalrightstoitscitizens.Theserightsare
aimedatestablishingwhichtypeofdemocracythecountryissupposedtohavewhetheritbea
Direct,Representative,ConstitutionalorMonitoryDemocracy.
Thegovernmenthastomakesurethattheserightsareprotectedandthatallthecitizenshave
accesstotheserights.
Thefundamentalrightsprotectthecitizensfromthegovernmentandmakesurethattheyare
treatedfairly.TheyalsoestablishthetypeofdemocracythatIndiaissupposedtohave.
Thegovernmenthastoensurethattheserightsareprotectedandthatallthecitizenshave
accesstothem.
Thefundamentalrightsareimportantbecausetheyprotectthecitizensfromthegovernment.

9. Conclusion
TheequallyFundamentalRightsinIndiaareasetofguaranteesgiventocitizensinthe
ConstitutionofIndia.
TheserightsaresignificantbecausetheyensurethatallindividualsinIndiaaretreatedand
fairlyunderthelaw.
TherearesixfundamentalrightsrecognizedbytheIndiangovernment,andeachoneis
vitalforprotectingtheindividuallibertiesofIndiancitizens.Whiletheserightshavebeen
amendedovertime,theycontinuetoprovideastrongfoundationfordemocracyinIndia.
Studentsshouldlearnabouttheserights,sotheycanbebetterinformedabouttheircountry’s
legalsystemandwhatprotectionstheyhaveascitizens.

10. Ques1: Which one of the following statements is correct?
•Rights are claims of the State against the citizens.
•Rights are privileges that are incorporated in the Constitution of a State.
•Rights are claims of the citizens against the State.
•Rights are privileges of a few citizens against the many.
Ques2: In the context of India, which one of the following is the correct relationship
between Rights and Duties?
•Rights are correlative with Duties.
•Rights are personal and hence independent of society and Duties.
•Rights, not Duties, are important for the advancement of the personality of the citizen.
•Duties, not Rights, are important for the stability of the State.
Ques3: Right to vote and to be elected in India is a
•Fundamental Right
•Natural Right
•Constitutional Right
•Legal Right
Ques4: One of the implications of equality in society is the absence of
•Privileges
•Restraints
•Competition
•Ideology

11. Fundamental Duties of Indian Citizens
Need For Fundamental Duties
India is a country wherepeople belonging to different castes,
creed, religion, sects etc.
The Fundamental Duties of citizens were added to the
Constitution by the 42nd Amendment in 1976,upon the
recommendations of the SwaranSingh Committee
thatwas constituted by the government earlier that
year.
The Fundamental Duties help to regulate the behaviourof
the citizens and to bring about excellence in all the spheres
of the citizens.
It reminds the citizens that rights and duties go hand in hand.

12. 51A. Fundamental duties.—It shall be the duty of every
citizen of India—
(a) to abide by the Constitution and respect its ideals and
institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our
national struggle for freedom
(c) to uphold and protect the sovereignty, unity and integrity of
India
(d) to defend the country and render national service when
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

13. (g) to protect and improve the natural environment including
forests, lakes, rivers and wild life, and to have compassion for
livingcreatures
(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 and
collective activity so that the nation constantly rises to higher
levels of endeavourand 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.

14. VermaCommittee:VermaCommittee
•The committee was setup in1999.
The VermaCommittee (1999) identified the existence of following legal
provision
•Prevention of insults to National HonourAct (1971)
•Protection of Civil Right Act (1955)
•Representation of people Act (1951)
•Wildlife Protection Act (1972) and Forest Conservation Act (1980)

15. SwaranSingh Committee on Fundamental Duty
•It opined that in addition to enjoyment of certain rights by the
citizens they also have certain duties to perform as well. This
recommendation was accepted by the government
•A new section Part IVA was added and only one article was
inserted in it
Some recommendations of the committee which were not
accepted include
•Parliament may provide for any penalty for failure to adhere to any
FD
•No law imposing such penalty could be questioned in the court
•Duty to pay taxes should also be a fundamental duty of the citizens

16. Criticism of Fundamental Duties
•They are madenon-justiciablein nature
•Important duties such tax-paying, family planning etc are not
covered
•Vague and ambiguousprovisions which are difficult to be
understood by a common man
•Superfluous provisions since they would generally be
followed even if they were not included
•Inclusion as an appendage to the constitution reduces the
value and intent behind FD

17. Fundamental Rights and Fundamental Duties
Fundamental Rights and Fundamental Duties are inter-related and
one can’t exist without the other.
“Fundamental rights can be defined as privileges granted to
each individual of the country to enjoy and the Fundamental
Duties are the moral responsibilities which one needs to carry
out in order to respect the rights of another individual and
perform social obligations,” saysAdvocate ManujChadha.

18. Fundamental Rights Fundamental Duties
Fundamental Rights are the
freedoms guaranteed by the
constitution which can’t be taken
away from a citizen.
Fundamental Duties are the legal
responsibilities bestowed upon the
citizens to perform.
Fundamental Rights are considered
to be the normative rules of liberty
and freedom for every citizen in
order to achieve a harmonious and
a free lifestyle
Fundamental Duties are the moral
responsibilities of all the citizens that
need to be performed by them in order
to achieve prosperity and uphold the
unity of the nation.
Fundamental Rights are universally
available to all citizens regardless of
their race, caste, religion, sex or
place of birth and are justiciablein
nature, i.e. they can be taken to the
court of law.
Fundamental Duties are non-justiciable
and hence can’t be taken to the court of
law.

19. Conclusion:
Fundamentaldutiesarethemoralobligationsofallcitizensto
helppromoteaspiritofpatriotismandtoupholdtheunityof
India.
ThesignificanceofFundamentalDutiesisnotdiminishedbythe
factthatthereisnopunishmentprescribedfornotfollowing
them.
FundamentalDutiesconstitutetheconscienceofour
Constitution;theyshouldbetreatedasconstitutionalvaluesthat
mustbepropagatedbyallcitizens.

20. Q1.WhichFundamentalDutywasaddedbythe86thAmendmentAct?
Ans.TheFundamentalDutyestablishedbythe86thAmendmentAct
compelscitizenstooffereducationalopportunitiesfortheirchildrenor
wardsagedsixtofourteenyears.
Q2.Whichcommitteeproposedaddingfundamentaldutiestothe
IndianConstitution?
Ans.In1976,theSwaranSinghCommitteesuggestedthatFundamental
DutiesbeaddedtotheConstitution.
Q3.Whichamendmentactadded10fundamentaldutiestotheIndian
Constitution?
Ans.The42ndAmendmentActof1976established10fundamentalduties.
Q4.TheFundamentalDutiesintheIndianConstitutionareinspiredby
theConstitutionofwhichcountry?
Ans.TheFundamentalDutiesintheIndianConstitutionareinspiredbythe
ConstitutionoftheerstwhileUSSR.
Q5.WhyFundamentalDutiesareframed?
Ans.TheFundamentalDutiesareregardedasthemoralobligationsofall
peopletoencouragepatriotismandprotectIndia'sunity.These
responsibilities,outlinedinPartIV-AoftheConstitutionbythe42nd
ConstitutionalAmendmentActin1976,applytobothindividualsandthe
nation.1

21. 1.In the Indian Constitution, Fundamental Duties are given in which article?
(A) Article 12 to 35
(B) Article 51A
(C) Article 36 to 50
(D) Article 19
Explanation:The Fundamental Duties are dealt with Article 51A under Part-IV A of the Indian
Constitution.
2.Which of the following statements is false?
(A) Fundamental Duties are given in Part IV of the Constitution
(B) After the 42nd constitutional amendment Fundamental Duties have been added to
the Constitution of India.
(C) In 2002, after the 82nd Constitution Amendment Act, another Fundamental
Duty was added.
(D) Public Representation Act, Built in1951.
Explanation:In 2002, the 86th Constitutional Amendment Act inserted Article 21-A in
the Constitution of India.
3.Which of the following committee advocated the Fundamental Duties in
the Indian constitution?
(A) VermaCommittee
(B) SarkariaCommittee
(C) BalwantraiMehta Committee
(D) SwaranSingh Committee
Explanation:SwaranSingh Committee recommended the inclusion of fundamental duties in
the Indian Constitution. It stressed that the citizens should become conscious that in addition to
the enjoyment of rights, they also have certain duties to perform as well.

22. 4TheConstitution of India adopted Fundamental Duties from the
Constitution of ....
(A) America
(B) Japan
(C) Russia
(D) Britain
Explanation:The Constitution of India adopted Fundamental Duties from
the Soviet Constitution(USSR) which is now called Russia.
5.When Fundamental Duties were added in theConstitution of India?
(A) 1976
(B) 1965
(C) 1970
(D) 1992
Explanation:The Fundamental Duties were added in 1976 in the Indian Constitution.
There were originally ten Fundamental Duties while the eleventh one was added
eleven by the 86th Amendment in 2002.
6.At present how manyFundamental Dutiesare in the Constitution of India?
(A) 6
(B) 7
(C) 10
(D) 11
Explanation:There are eleven Fundamental Duties in the Indian Constitution.

23. 7. Which of the following is not the Fundamental Duty?
(A) Safeguarding public property
(B) To obey the parents
(C) To make compulsory education to children of 6 to 14 years
(D) To spread brotherhood among the people
Explanation:To obey the parents is not a Fundamental Duty of the citizens of India.
8.WhichConstitutional AmendmentAct was passed to provide compulsory education to
children between 6 and 14 years?
(A) 82nd
(B) 83rd
(C) 86th
(D) 84
th
Explanation:86th Constitutional Amendment Act in 2002 inserted Article 21-A in the Constitution
of India to provide free and compulsory education of all children in the age group of six to fourteen
years.
9.Which of the following is not matched correctly?
(A) Forest Conservation Act: 1980
(B) Wildlife Protection Act: 1974
(C) Public Representation Act: 1951
(D) Civil Duties Protection Act: 1955
Explanation:Wildlife Protection Act was passed in 1972 to protect plants and animals.

24. 10. When was the 'Prevention of Insults to National HonourAct' passed?
(A) 1976
(B) 1972
(C) 1974
(D) 1971
Explanation:The Prevention of Insults to National HonourAct was passed in 1971. The
Act prohibits the desecration of or insults to the country's national symbols, including the
national flag, national emblem, national anthem, the constitution, and map of India
including contempt of the Indian constitution.