Fundamental Rights & Fundamental Duties

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.

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.

Fundamental Rights:

Fundamental rights are the basic rights guaranteed to the citizens of India by the Constitution. These rights are essential for the development of an individual’s personality and dignity. The Constitution of India guarantees six fundamental rights to its citizens, which are as follows:

1. Right to Equality:

The right to equality is one of the most important fundamental rights enshrined in the Indian Constitution. It ensures that all individuals are equal before the law and prohibits discrimination based on caste, race, religion, sex or place of birth. This right is guaranteed under Articles 14-18 of the Constitution.

The Right to Equality, enshrined in Articles 14 to 18, is foundational to the Indian Constitution, symbolizing the nation’s commitment to a just and equitable society. This right challenges historical inequalities and mandates equal treatment under the law, irrespective of a person’s background. Landmark cases like ‘Kesavananda Bharati vs State of Kerala’ have reinforced the importance of equality as a part of the basic structure of the Constitution.

2. Right to Freedom:

The right to freedom guarantees certain freedoms to the citizens of India, such as freedom of speech and expression, freedom of assembly, freedom of association, freedom of movement and freedom of residence. This right is guaranteed under Articles 19-22 of the Constitution.

The Right to Freedom, covered under Articles 19 to 22, encompasses a broad spectrum of freedoms ranging from speech and expression to movement and residence anywhere in India. It also includes the right to practice any profession and the protection in respect of conviction for offenses. This right is fundamental in ensuring that citizens enjoy liberty in various aspects of their life, balanced with reasonable restrictions for the state’s integrity and public order. The Supreme Court’s interpretation in cases like ‘Maneka Gandhi vs Union of India’ has been pivotal in expanding the understanding and scope of these freedoms.

3. Right against Exploitation:

The right against exploitation prohibits trafficking, forced labour and other forms of exploitation. It is guaranteed under Articles 23-24 of the Constitution.

Articles 23 and 24 of the Indian Constitution prohibit all forms of human trafficking and child labor, ensuring that no citizen is subject to exploitation and forced labor. This right is crucial in combating societal issues like child labor and human trafficking. Through various judicial decisions, the courts have expanded the interpretation of this right to include various forms of exploitation, thus safeguarding the dignity and well-being of vulnerable sections of society.

4. Right to Freedom of Religion:

The right to freedom of religion ensures that every citizen of India has the right to profess, practice and propagate their religion. This right is guaranteed under Articles 25-28 of the Constitution.

Enshrined in Articles 25 to 28, the Right to Freedom of Religion guarantees every citizen the freedom to practice, profess, and propagate their religion. This set of rights establishes India as a secular state, where the state does not endorse any particular religion and ensures freedom of worship. The apex court has continually upheld these freedoms while ensuring they do not infringe on public order and morality.

5. Cultural and Educational Rights:

The Constitution of India guarantees certain cultural and educational rights to the citizens of India. It includes the right to preserve and promote one’s culture, the right to education and the right to linguistic and minority rights. These rights are guaranteed under Articles 29-30 of the Constitution.

Articles 29 and 30 protect the rights of minorities to preserve their language, script, and culture, and the right of minorities to establish and administer educational institutions. These rights are fundamental in upholding India’s cultural diversity and ensuring that minority groups can preserve and cultivate their unique heritage and educational practices.

6. Right to Constitutional Remedies:

The right to constitutional remedies is the most important fundamental right enshrined in the Indian Constitution. It provides a mechanism for the citizens to enforce their fundamental rights. This right is guaranteed under Article 32 of the Constitution.

Article 32 is known as the ‘heart and soul’ of the Indian Constitution, as articulated by Dr. B.R. Ambedkar. It empowers citizens to approach the Supreme Court directly in case of any violation of their fundamental rights. This right is critical in ensuring the protection and enforcement of the fundamental rights, making them not merely declaratory but also enforceable in courts of law.

Fundamental Duties:

The Indian Constitution imposes certain duties and responsibilities upon its citizens, which are essential for the well-being and progress of the society as a whole. The Fundamental Duties were added to the Constitution by the 42nd Amendment Act, 1976. The Constitution of India provides for 11 fundamental duties which are as follows:

1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
2. To cherish and follow the noble ideals which inspired our national struggle for freedom.
3. To uphold and protect the sovereignty, unity and integrity of India.
4. To defend the country and render national service when called upon to do so.
5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities.
6. To value and preserve the rich heritage of our composite culture.
7. To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for 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.