Fundamental rights and duties are
the basic rights of an Indian Citizen in the Indian Constitution. These
fundamental duties and rights apply to all the citizens of the country
irrespective of their religion, gender, caste, race, etc.
In
this article, we will learn more about these Fundamental Rights and Duties in
Indian Constitution.
Basic idea about Articles
12-35
Articles 12-35 constitute Part III of
the Indian Constitution. Let us now have a deeper look at the articles which
talk about the fundamental duties and rights of an Indian Citizen.
1. Articles 14-18: Right to
Equality
These articles talk about equal
rights for all the citizens of the country irrespective of their caste, class,
creed, gender, place of birth, or race. It says that there shall be equal
opportunities with regard to employment and other aspects.
These articles also work towards the
abolition of orthodox practices that have been taking place in the country
like, untouchability, etc.
2. Articles 19-22: Right to
Freedom
This is one of the most vital rights
in the country whose foundation is based on Democracy. The constitution of
India says that the citizens of the country have freedom in various regards.
The freedom rights in the Indian Constitution include freedoms of -:
1. Expression
2. Speech
3. Assembly without arms
4. Association
5. Practicing any profession
6. Residing in any part of the Country
However, these rights are subjective.
This further implies that the state has the right to impose restrictions on
these rights depending upon the situation.
3. Articles 23-24: Right
against Exploitation
These articles talk about the
exploitation of humans and their rights. It prohibits any activities that
encourage child labor, human trafficking, and other forms of forced labor. This
article also prevents the state from imposing any compulsory service for public
purposes.
Also, while making such compulsions,
the state shall not discriminate against anyone on the basis of caste, creed,
gender, etc.
4. Articles 25-28: Right to
Freedom of Religion
India, being a secular country,
consists of people from varied religions and faiths and therefore, it becomes
of utmost importance that we and the constitution of Indian support freedom of
religion. Under these articles, the state can be prevented from making the laws
that
1. Might be associated with a specific religious
practice.
2. Opening Hindu religious institutions of a public
character.
5. Articles 29-30: Cultural
and Educational Rights
These are the articles that work towards
protecting the rights of cultural, religious, and linguistic minorities by
aiding them to preserve their heritage and culture. The state is supposed to
have no official religion.
These articles grant all the citizens
of the country the right to worship any religion of their choice. Under these
articles, the state does not hold the right to discriminate against any
educational institution on the basis of it being a minority-run institution.
6. Articles 30-35: Right to
Constitutional Remedies
These articles bind all the
previously mentioned as this right makes sure that all the other fundamental
rights are not being violated in any case. If any citizen of the country feels
that their rights are being violated, they have the right to approach the court
and demand justice.
Under these articles, the supreme
court also holds the power of issuing writs against activity that it might find
unsuitable.
Herein, the parliament holds the
power control the rights that are being given to –
1. Army personnel
2. Bureaucrats
3. Members in charge of maintenance of public order
44TH AMENDMENT ACT
The 44th amendment was introduced to
the constitution by the 45th Amendment bill in the year 1978. This act of the
Indian Constitution was initiated back in the year 1976 by the Janata
Government.
It said that during the 42nd
amendment of the constitution, quite a lot of bills were passed without the
consent of the citizens of the country, therefore, to safeguard the interests
of the nation, the 44th Amendment was needed.
All the amendments that were made by
the 42nd amendment were nullified by this act.
Some provisions made by the 44th
Amendment include –
1. Restoration of a few powers of the Supreme Court.
2. Judicial review of President, Governors, the Lok
Sabha Speakers.
3. Constitutional Protection to Newspaper
publications.
4. Removal of Right to Property from the fundamental
rights.
5. Proclamation of emergency only on the basis of
written advice tendered to the president of the cabinet.
DIFFERENT TYPES OF WRITS – THE
ENFORCEMENT OF THE FUNDAMENTAL RIGHTS
Under article 32 and 226, the high
court and the supreme court of India hold the right to issue writs in the forms
of Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto.
In layman terms, a writ is a written
notice by the supreme court or the high court that demands constitutional
remedies for the citizen whose fundamental right has been violated.
Furthermore, the constitution grants
the power to the parliament to demand a writ from the supreme court due to one
of the reasons. The different types of writs are -:
1. Habeas Corpus
The Latin meaning of the word is,
‘may have the body’. This writ is issued in regard to calling an illegally
detained person, be present in front of the court.
Further proceedings of the court get
to decide whether the person needs to be in the detention of the law or to be
let free. This writ can be used in the cases when –
1. A citizen is arrested due to no violation of the
law.
2. Any citizen is arrested under an unconstitutional
law.
3. A citizen is detained with an intention to harm
him.
4. The citizen detained is not presented to the
magistrate within 24 hours of his detention.
2. Mandamus
The meaning of the word, ‘Mandamus’
is ‘ We command’. It is a notice that is offered by the court to the public
body, inferior court, public official, government, or tribunal in regard to
reminding them of their duties that they have been ignoring for a while. Due to
its reminding principle, some people also term it to be a ‘wakening call’.
However, a Mandamus can not be issued
against a private individual or a private body, if their duty is not mandatory,
to enforce some kind of a private contact, against the governors of the
president of the state, or against the working chief.
3. Prohibition
This writ is also popularly known as
the writ of ‘Stay Order’. It can be issued to an inferior court or a
quasi-judicial body in order to prohibit them from carrying forward the
proceedings of a particular case. This writ can only be issued against a legal
body.
4. Certiorari
The meaning of ‘Certiorari’ is ‘to
certify’. This writ can be issued by the supreme court or the high court to
reverse the order that has already been passed by an inferior court,
quasi-judicial authority, or a tribunal.
5. Quo-Warranto
This term means, ‘What is your
Authority?’ This writ is issued in regard to prohibiting a person from holding
a public office to which he is not entitled to. The writ expects the concerned
person to explain the court of law about the authority to which is holding a
public office.
According to his explanation, the
court can take further decisions on whether he shall be allowed or the place
needs to be vacated.
Article 51A
Upon the recommendation of the Swaran
Singh Committee, the fundamental duties of a citizen were added to the
constitution under the 42nd Amendment. Article 51A consists of Part IV-A of the
Constitution of India. The 11 fundamental duties that are to be obeyed by all
the citizens of the country are mentioned in this article are;-
1. To abide by the Indian Constitution and respect its
constitution, National Anthem, and the National Flag.
2. Follow the Noble ideals that inspired the national
struggle for freedom.
3. Protect and uphold the sovereignty, integrity, and
unity of the country.
4. To defend the nation and render national services
when asked to do so.
5. Promote the spirit of Brotherhood and fraternity in
the country.
6. To strive for excellence.
7. To protect the environment of the nation.
8. Protect the culture of the nation.
9. To be protective of public property.
10.To generate a scientific rationale for every
thought.
11. Responsibility of all the parents to send their
children to school between the age of 6 and 14.
Difference between Fundamental
Rights and Fundamental Duties of India
The difference between fundamental
duties and fundamental rights has been explained in table below-;
|
FUNDAMENTAL
RIGHTS
|
FUNDAMENTAL
DUTIES
|
|
These
are mentioned in Part III of the Indian Constitution in articles 12-35.
|
These
are mentioned in Part IV A of the Indian Constitution in the article 51A.
|
|
They
were taken from the Constitution of the USA.
|
They
were borrowed from the Constitution of the former Soviet Union or USSR.
|
|
These
can be controlled in conditions that are subject to basic nature.
|
They
can be controlled in any condition.
|
|
They
are political and social in nature.
|
These
are political, social, and economic in nature.
|
|
Fundamental
Rights can be enforced by the courts.
|
Fundamental
Duties cannot be enforced by the courts.
|
|
Not
all citizens have the liberty to enjoy Fundamental Rights, for example, the
Indian Army.
|
Fundamental
duties are extended to all citizens of the nation.
|
Criticism of Fundamental
Rights of India
Some of the criticisms that the
fundamental rights of our country have received over the years include –
1. Lack of Clarity
As
stated by Sir Ivor Jenning, the Indian constitution is a treat for the lawyers.
This was said because it is believed that the Constitution of India was made by
the lawyers, for the lawyers. The complicated terms in the Constitution are
beyond the understanding of a layman.
The
terms used are vague and ambiguous in nature.
2. Suspension of rights
during emergency
During
a national emergency, the parliament holds the right to suspend the fundamental
rights of the citizens of the country. Hence, they are not completely in the
hands of the citizens, but the authorities hold the powers to suspend them as
and when needed.
3. Excessive
Limitations
It
is believed that the fundamental rights are not clearly stated and also hold a
lot of limitations to them. These rights are subjected to a number of
exemptions and restrictions. The critics believe that when the constitution grants
its citizens fundamental rights with one hand, it also takes them away with the
other.
4. No Social and
Economic Rights
The
fundamental rights only consist of political rights and no social or economic
rights are visible in the list. No rights like Right to Social Security, Right
to education, Right to Work are mentioned in the list of fundamental rights.
Shall
also be noted that these rights are granted to the citizens in some of the
other advanced Democratic nations.
5. An Expensive Remedy
It
states that if any of the rights of a citizen is violated, then he has the
authority to approach the court. But, one cannot ignore the fact that the court
proceedings demand a lot of money and energy. A common man thinks twice before
approaching the court to get his rights.
Significance of
Fundamental Rights of India
The fundamental rights play a major
role in the democracy of the nation. They act as a bedrock to democracy as they
guarantee equality to the citizens of the nation. Due to the principle of equality,
one can ensure dignity and respect in the country.
These rights apply to a man as a
protection against his will and expression. These rights help to lay down the
stone for social justice and equality amongst the citizens. Furthermore, they
aid to strengthen the secular nature of the country.
Enforcement of Fundamental
Duties of India
The fundamental duties are the duties
that a citizen himself has to take care of. Court cannot enforce these duties.
No writ can be issued in regard to the under fulfillment or the over
fulfillment of the fundamental duties.
However, in regard to the environmental
contribution, the supreme court holds the central government responsible and
expects it to take a number of steps to make it effective. The citizens need to
monitor their own efforts in the case of fundamental duties.
These are termed to be the moral
obligations of a citizen, that are not obligatory in nature.
Recent Issues
1. Keeping in mind the Right to Education, the
Karnataka Government put a ban on the conduction of online classes amidst the
pandemic.
2. In response to a petition filed by the political
parties of Tamil Nadu, the Supreme Court announced that Reservation is not a
fundamental right.
3. On the protests relating to the CAA, the Supreme
Court said to the people protesting in Delhi’s Shaheen Bagh that they do have a
right to protest but there must be a balancing factor.
Conclusion
Finally Fundamental rights and
fundamental duties constitute one of the most important texts of the
constitution. Where they tell us about the rights that we can access, it also
puts forth the moral duties of a citizen.
Where the constitution grants us with
one thing, it also expects something from its countrymen. It becomes vital for
a citizen to be aware of his rights and duties that he can exercise in the
court of law.
Source: https://data-flair.training/blogs/fundamental-rights-and-duties-in-indian-constitution/
