RIGHTS AND DUTIES (C).pdf

right and duties

1. (C)
RIGHTS AND DUTIES
Learning Objectives:
Understanding the Fundamental Rights and Duties under the Indian
Constitution

2. TOPICS
•1.1 Fundamental Rights and their
limitations (1 Hour)
•1.2 Fundamental Duties and their
significance (1 Hour)
•1.3 Directive Principles of State Policy
(DPSP) (1 Hour)

3. FUNDAMENTAL RIGHTS
1.1 Fundamental Rights and their limitations
-List of Fundamental Rights
-Limitations of Fundamental Rights
-Protection of Fundamental Rights when violated

4. FUNDAMENTAL RIGHTS IN THE CONSTITUTION

5. FUNDAMENTAL RIGHTS IN THE CONSTITUTION

6. LIST OF FUNDAMENTAL RIGHTS

7. LIST OF FUNDAMENTAL RIGHTS

8. LIST OF FUNDAMENTAL RIGHTS

9. LIST OF FUNDAMENTAL RIGHTS

10. KEY NOTES ABOUT FUNDAMENTAL RIGHTS

11. KEY NOTES ABOUT FUNDAMENTAL RIGHTS

12. KEY NOTES ABOUT FUNDAMENTAL RIGHTS
(86thConstitutional Amendments Act’ 2002)

13. KEY NOTES ABOUT FUNDAMENTAL RIGHTS

14. KEY NOTES ABOUT FUNDAMENTAL RIGHTS

15. KEY NOTES ABOUT FUNDAMENTAL RIGHTS

16. KEY NOTES ABOUT FUNDAMENTAL RIGHTS

17. LIMITATIONS
The prescribed limitations of Fundamental
Rights are in theinterest of public good, social
reforms, public order, morality and the safety of
the state.
The constitution allows the state to impose 'reasonable restrictions' on
certain rights, but the 'reasonableness' of the restrictions is a justiciable
matter.

18. LIMITATIONS-NEITHER UNIVERSAL NOR ABSOLUTE
•Fundamental rights are not universal in application. Some of the
fundamental rights and the extent of their enjoyment can be
restricted or even abrogated by Parliament under Art. 33.
Thus the rights of the citizens in the armed forces or the forces in
charge with the maintenance of public order can be restricted or
abrogated.
•Fundamental rights are not absolute as they are clearly defined in
their scope as well as limitations.The prescribed limitations are in
the interest of public good, social reforms, public order,
morality and the safety of the state.The constitution allows the
state to impose ‘reasonable restrictions’ on certain rights, but the
‘reasonableness’ of the restrictions is a justiciable matter.

19. LIMITATIONS-CITIZENS VS NON-CITIZENS
•Some of the rights like ‘equality before law and equal protection
of laws’ (Art. 14), protection of life and personal liberty (Art.
21),protection in respect of conviction for offences (Art.20), free and
compulsory education for all children of 6-14 years (Art.21 A),
Protection against arrest and detention in certain cases (Art.22),
freedom of religion (Art.25-28), etcare available to all persons
whether citizens or not.
•But rights like the right to equality of opportunity in
employment (Art.16), protection from discrimination on
grounds only of religion, race, caste sex and place of birth (Art.15) and
freedom of speech and expression, assembly, association, movement,
residence and profession (Art. 19).

20. FUNDAMENTAL RIGHTS ARE JUSTICIABLE
•If any of these rights is violated, the individual affected is entitled to move
the Supreme Court or High Court for the protection and enforcement
of her/his rights.
•Fundamental rights can also be suspended during an emergency, except
the right to life.
•Apart from fundamental rights, there are two other kinds of rights flowing from
other parts of the Constitution: Constitutional rights and legal rights.
i.Constitutional rights are created by imposition of restrictions upon
the state on its claims upon the citizens-e.g. Art. 265 forbids levying and
collection of taxes except by the authority of law; Art. 300A provides that no
person shall be deprived of her/his property save by the authority of law.
ii.Legal rights flow from statutes based upon the Constitution but not
directly from it. A legal right is created by an ordinary law and can be taken
away by changing the law.

21. COMPARISON OF FR-INDIAVS USA
•The US Constitution states the rights in a very crisp and unqualified language.
The conditions or the limits on the rights are not mentioned in the constitution. It is the
judiciary which elaborates the limitations or places conditions on the rights stated in the
constitution.
•On the other hand, in the Indian Constitution most of the fundamental rights are
stated in qualified terms,like ‘subject to public order’, ‘social reforms’ and ‘morality’.
Though there is a very limited role for judicial determination, nonetheless the
judiciary is frequently required to interpret the articles on fundamental rights in
the light of the qualifications attached to them.
•Another difference is that while the Indian Constitution provides for both
individual and group rightsits American counterpart grants only individual rights.
•The constitution makers of the USA were guided by the 18thcentury laissez faire
doctrine but the constitution makers of India were guided by the welfare philosophy
of the 20thcenturythat held social control over individual rights as essential.

22. PROTECTION OF FUNDAMENTAL RIGHTS
The fundamental rights are protected byThe Judiciary of Indiaand in case of
their violation, a person can approach the Supreme Courtdirectly for justice as
per Article 32 of the constitution.
The Supreme Court (Article 32)and the High Court (Article 226) both
canissue writs in caseof the violation of fundamental rights of an aggrieved party.
Statutory institutions likeNHRC (National Human Rights Commission) and
NCW (National Commission for Women)are also appointed as watchdogs
for protection of fundamental rights.

23. PROTECTION OF FUNDAMENTAL RIGHTS

24. ARTICLE 13

25. ARTICLE 32

26. TYPES OF WRITS IN INDIA
WritofHabeas Corpus -Ajudicialorder to bring a jailed person before a judge or court to find out if that
person should really be in jail.
WritofMandamus -Ajudicialwritfromahighercourtcommanding the performance of a specified official act
or duty.
WritofProhibition (Stay Order) -Ajudicialwritfromahighercourtorderingalowercourt or
officialsnottoexercisejurisdictioninaparticularcase.
WritofCertiorari-In law,certiorariis a court process to seek judicial review of a decision of a lower court
or government agency.
WritofQuo-Warranto-The literal meaning of the writ of ‘Quo-Warranto’ is ‘By what authority or warrant.’
Supreme Court or High Court issue this writ to prevent illegal usurpation of a public office by a person. Through
this writ, the court enquires into the legality of a claim of a person to a public office.

27. WRIT JURISDICTION-SUPREME COURT AND HIGH COURT

28. REINSTATEMENT OF CONSTITUTIONAL VALUES

29. FUNDAMENTAL DUTIES
1.2 Fundamental Duties and their significance
-List of Fundamental Duties
-Limitations of Fundamental Duties
-Criticism of Fundamental Duties

30. FUNDAMENTAL DUTIES UNDER THE CONSTITUTION
Thefundamentaldutiesofcitizenswereaddedtotheconstitutionbythe
42ndAmendmentin1976,upontherecommendationsoftheSwaran
SinghCommitteethatwasconstitutedbythegovernmentearlierthatyear.
Originallyteninnumber,thefundamentaldutieswereincreasedtototal
eleveninnumberbythe86thAmendmentin2002,whereeleventh
onebeingadutyuponparentsandguardianstoprovideopportunities
foreducationtochildrenaged6to14years.
Thefundamentaldutiesobligateallcitizenstorespectthenationalsymbols
ofIndia,includingtheconstitution,tocherishitsheritage,preserve
itscompositecultureandassistinitsdefence.
TheyalsoobligateallIndianstopromotethespiritofcommon
brotherhood,protecttheenvironmentandpublicproperty,
developscientifictemper,abjureviolenceandstrivetowards
excellenceinallspheresoflife.

31. LIST OF 11 FUNDAMENTAL DUTIES

32. DETAILED LIST

33. DETAILED LIST

34. DETAILED LIST

35. DETAILED LIST

36. DETAILED LIST

37. DETAILED LIST

38. FUNDAMENTAL DUTIES-THE SOURCE AND THE NEED

39. IMPORTANCE FUNDAMENTAL DUTIES

40. FUNDAMENTAL RIGHTS AND DUTIES-COMPARISON AND LIMITATIONS

41. CRITICISM OF FUNDAMENTAL DUTIES

42. CRITICISM OF FUNDAMENTAL DUTIES

43. FUNDAMENTAL DUTIES-THE CONCLUSION
Fundamental Duties were not included in the constitution in the beginning in 1950, as the
framers of our constitution could not come to definite conclusion about the same.
However, some members of the Constituent Assembly, mainly Dr. Ambedkar and few others
were of the opinion that since India has got its Independence very recently, thus it would
not be appropriate to impose any sort of duties on its citizens. Indian people must
experience and evolve through freedom and not through some administrative control.
After over two decades however in 1976, Fundamental Duties were included into the
constitution through 42ndAmendments in order to bring character and discipline in people
in the interest of the nation. India at the time was also under the influence of the then USSR,
from where this idea was taken. It must be noted that these duties were brought in during
the time of Emergency.
However, today over period time we must appreciate and aspire to adhere to these duties
provided in the constitution, which are purposefully not made enforceable in the court to
protect our freedom, but they inspire us to build a character and discipline as responsible
citizens which is necessary to strengthen growth and welfare of the nation.

44. DIRECTIVE PRINCIPLES
1.3 Directive Principles of State Policy
-Importance and relevance of DPSP
-Conflict between FR’s and DPSP’s

45. DIRECTIVE PRINCIPLES OF STATE POLICY

46. THE BACKGROUND AND OBJECTIVE
TheDirective Principles of State Policy of Indiaare the
guidelines orprinciplesgiven to the institutes for
governing the State ofIndia.These are provided in
thePart IV(Article 36-51) of theConstitution of India, are
not enforceable by any court, but the principles laid down
there in are considered 'Fundamental' in the governance of the
country, making it the duty of the State to apply these
principles in making laws to establish a just society in
the country.

47. THE BACKGROUND AND OBJECTIVE

48. CLASSIFICATION OF DPSP’S

49. DIRECTIVES BASED ON SOCIALIST PRINCIPLES

50. DIRECTIVES BASED ON SOCIALIST PRINCIPLES

51. DIRECTIVES BASED ON GANDHIANPRINCIPLES

52. DIRECTIVES BASED ON LIBERAL-INTELLECTUAL PRINCIPLES

53. AMENDMENTS

54. FR’S VS DPSP’S-CONFLICTS

55. FR’S VS DPSP’S-CONFLICTS

56. FR’S VS DPSP’S-DEFINING CASES

57. FR’S VS DPSP’S-THE CONCLUSION

58. SECTION C ENDS