Fundamental rights and duties

Introduction

1. The Fundamental Rights are enshrined in Part III of the Indian Constitution (Articles 12 to 35).
2. The Fundamental Duties are listed in Part IV-A (Article 51A), added by the 42nd Amendment Act, 1976.
3. The Fundamental Rights aim to ensure the individual's dignity, while the Fundamental Duties emphasize the importance of responsibilities toward the nation.

Fundamental Rights

Key Features

1. They are justiciable, meaning they can be enforced by courts of law.
2. They are not absolute and are subject to reasonable restrictions for maintaining public order, morality, and security.
3. They are essential for promoting the political, social, and economic democracy envisioned in the Constitution.
4. The rights are available to both citizens and in certain cases, non-citizens.
5. Any law that violates Fundamental Rights can be declared unconstitutional by the judiciary.

Classification of Fundamental Rights

1. Right to Equality (Articles 14–18): Ensures equality before law, prohibits discrimination, and abolishes untouchability.
2. Right to Freedom (Articles 19–22): Guarantees freedoms like speech, expression, assembly, association, and personal liberty.
3. Right against Exploitation (Articles 23–24): Prohibits human trafficking, forced labor, and child labor in hazardous occupations.
4. Right to Freedom of Religion (Articles 25–28): Ensures religious freedom and prohibits religious discrimination.
5. Cultural and Educational Rights (Articles 29–30): Protects the rights of minorities to preserve their culture and establish educational institutions.
6. Right to Constitutional Remedies (Article 32): Empowers individuals to move the Supreme Court for enforcement of their Fundamental Rights.

Importance of Fundamental Rights

1. They are essential for ensuring the dignity of individuals and their development.
2. They act as a safeguard against state tyranny and promote the rule of law.
3. They form the cornerstone of Indian democracy.

Fundamental Duties

Key Features

1. The Fundamental Duties were added based on the recommendations of the Swaran Singh Committee.
2. They are non-justiciable, meaning they cannot be legally enforced by the courts.
3. They serve as a moral obligation for citizens to uphold national unity and harmony.

List of Fundamental Duties

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 that inspired the national struggle for independence.
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 among all the people of India.
6. To value and preserve the rich heritage of India's composite culture.
7. To protect and improve the natural environment, including forests, lakes, rivers, and wildlife.
8. To develop a scientific temper, humanism, and the spirit of inquiry and reform.
9. To safeguard public property and abjure violence.
10. To strive toward excellence in all spheres of individual and collective activity.
11. For parents or guardians, to provide opportunities for education to children aged between 6 and 14 years.

Relationship between Fundamental Rights and Duties

1. While Fundamental Rights protect citizens, Fundamental Duties remind them of their obligations to the nation.
2. They complement each other and ensure a balance between individual freedom and social responsibility.

Significance of Fundamental Rights and Duties

1. Fundamental Rights ensure social justice, equality, and liberty for all citizens.
2. Fundamental Duties foster a sense of national unity and discipline among citizens.
3. Together, they contribute to the creation of a responsible citizenry.

Conclusion

The Fundamental Rights and Duties form the backbone of the Indian democratic system, ensuring a harmonious balance between individual liberty and national integrity. They provide a framework for a just, equitable, and responsible society.