In a democratic society, rights and duties underpin the state's and its citizens' relationship. Fundamental rights are the core liberties that every individual is given, allowing them to live a dignified, free, and equal life. These rights are not only legal entitlements but inherent in human nature, protecting arbitrary state actions. In addition to these rights, citizens have fundamental duties, which are moral commitments to support the nation's well-being and stability.
The importance of fundamental rights and duties cannot be emphasised. They represent the ideas and concepts that underpin society, instilling citizens with a sense of responsibility and ensuring that the state runs smoothly. This blog will look at the fundamental rights and duties entrenched in the Indian Constitution, as well as their relevance and contributions to the country's general growth.
Fundamental rights are a group of rights that have been recognised by a high degree of protection from encroachment. These rights are specifically mentioned in the Constitution of India and are enforceable by law. Part III of the Indian Constitution lays down six fundamental rights, which are:
The six fundamental rights guaranteed by the Indian Constitution are:
These rights are pivotal in safeguarding the individual's liberty and dignity against state oppression and ensuring everyone has an equal opportunity to grow and contribute to society.
The Right to Equality is one of the most fundamental rights granted to the citizens of India. It ensures that every individual is treated equally before the law and prohibits any form of discrimination based on religion, race, caste, sex, or place of birth.
Article 14: Guarantees equality before the law and equal protection of the laws within the territory of India. This means that no person is above the law, and every individual is subject to the same laws, regardless of their position or status.
Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It also allows the state to make special provisions for women and children, as well as for the advancement of any socially and educationally backward classes or Scheduled Castes and Scheduled Tribes.
Article 16: Ensures equality of opportunity in matters of public employment. It prohibits discrimination on the grounds of religion, race, caste, sex, descent, place of birth, or residence. However, it allows for the reservation of posts in favour of backward classes that are not adequately represented in the services.
Article 17: Abolishes "untouchability" and forbids its practice in any form. The enforcement of any disability arising from untouchability is an offence punishable following the law.
Article 18: Abolishes titles, except for military and academic distinctions. It prohibits the state from conferring any title on any person, whether a citizen or a non-citizen.
The Right to Freedom is essential for the development of an individual's personality. It provides citizens with the liberty to express their thoughts, move freely, and form associations. It also protects against arbitrary arrest and detention.
Article 19: Grants six freedoms to all citizens:
However, these freedoms are not absolute and can be restricted on grounds of the sovereignty and integrity of India, public order, decency, morality, etc.
Article 20: Protects in respect of conviction for offences. It guarantees the following protections:
Article 21: Guarantees the right to life and personal liberty. No person shall be deprived of their life or personal liberty except according to the procedure established by law. This right has been expanded by the judiciary to include various other rights such as the right to privacy, the right to a clean environment, the right to education, etc.
Article 22: Protects against arbitrary arrest and detention. It grants the following rights to individuals:
The Right against Exploitation seeks to eliminate human trafficking, forced labour, and child labour. It ensures that no individual is subjected to any form of exploitation.
Article 23: Prohibits human trafficking and forced labour. It declares that traffic in human beings, begar (forced labour), and other similar forms of forced labour are offences punishable by law. The state can also impose compulsory service for public purposes but without discrimination on grounds of religion, race, caste, or class.
Article 24: Prohibits the employment of children below the age of 14 years in any factory, mine, or any other hazardous occupation. This provision aims to protect children from exploitation and to ensure their right to education.
The Right to Freedom of Religion provides individuals with the freedom to practice, profess, and propagate their religion. It ensures that the state remains neutral in religious matters and that every person has the right to follow their conscience.
Article 25: Grants individuals the freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public order, morality, and health. It also allows the state to regulate or restrict any economic, financial, political, or other secular activities associated with religious practice.
Article 26: Gives every religious denomination or any section thereof the right to manage its affairs in matters of religion. This includes the establishment and maintenance of institutions for religious and charitable purposes, the management of its affairs in matters of religion, and the administration of property.
Article 27: Prohibits the state from compelling any person to pay taxes for the promotion or maintenance of any particular religion or religious denomination. This ensures that the state remains secular and does not favour any religion.
Article 28: Prohibits religious instruction in any educational institution wholly maintained by state funds. However, this does not apply to institutions administered by the state but established under any endowment or trust requiring the imparting of religious instruction.
Cultural and Educational Rights aim to preserve the cultural heritage of different sections of society and provide minorities with the right to establish and administer their educational institutions.
Article 29: Protects the interests of minorities by guaranteeing them the right to conserve their language, script, or culture. It also ensures that no citizen is denied admission to any educational institution maintained by the state or receiving state aid, on grounds of religion, race, caste, or language.
Article 30: Grants religious and linguistic minorities the right to establish and administer educational institutions of their choice. It also provides that in granting aid, the state shall not discriminate against any educational institution because it is under the management of a minority.
The Right to Constitutional Remedies is considered the "heart and soul" of the Constitution by Dr. B.R. Ambedkar. It empowers citizens to approach the Supreme Court or High Courts for the enforcement of their fundamental rights. This right ensures that fundamental rights are not merely theoretical but can be effectively protected against any violation.
Article 32: Provides the right to move the Supreme Court to enforce fundamental rights. The Supreme Court has the power to issue writs, including habeas corpus, mandamus, prohibition, quo warranto, and certiorari, to enforce these rights. This article also empowers the Parliament to confer similar powers on any other court.
Fundamental duties are moral obligations imposed on citizens to guarantee the proper functioning of society and the state. These functions were not initially included in the Constitution but were added by the 42nd Amendment 1976 in response to the Swaran Singh Committee's suggestions.
Article 51A of the Constitution enshrines the fundamental duties, which are 11 in number and are demanded of every citizen. While fundamental rights empower people, fundamental duties remind them of their responsibility to the country.
To Abide by the Constitution and Respect Its Ideals and Institutions, the National Flag, and the National Anthem
This duty emphasises the importance of respecting the Constitution, which is the supreme law of the land. It also requires citizens to show respect for the national symbols, including the National Flag and the National Anthem.
India originally had 7 fundamental rights, but currently, there are 6 fundamental rights after the Right to Property (Article 31) was removed by the 44th Constitutional Amendment in 1978. The 6 Fundamental Rights in India are: Right to Equality (Articles 14-18) Right to Freedom (Articles 19-22) Right against Exploitation (Articles 23-24) Right to Freedom of Religion (Articles 25-28) Cultural and Educational Rights (Articles 29-30) Right to Constitutional Remedies (Article 32) The Right to Property is now a legal right under Article 300A, but it is no longer a fundamental right.
In a constitutional framework, rights are granted first, but to uphold a balanced society, duties are considered equally important.
Right: A legal or moral entitlement to have or do something. Duty: An obligation to perform or refrain from an action, generally enforced by law or moral responsibility.
Right to life and liberty. Freedom from slavery and forced labor. Freedom from torture. Right to equality. Right to privacy. Freedom of thought and expression. Freedom of religion. Right to fair trial. Right to education. Right to work.
Fundamental Rights: Protect individuals' liberties and are enforceable in courts. They grant the freedom to act or refrain from certain actions. Fundamental Duties: Duties are obligations citizens are expected to perform. These are non-enforceable and moral responsibilities.
The six fundamental rights include the rights mentioned earlier, excluding the 7th duty as it only covers constitutional remedies.
Respect the Constitution, national symbols, and institutions. Cherish the noble ideals of the freedom struggle. Uphold the sovereignty, unity, and integrity of India. Defend the country and render national service when called upon. Promote harmony and the spirit of common brotherhood. Protect the environment, including forests, lakes, rivers, and wildlife. Safeguard public property and abjure violence.
Right to Equality (Articles 14-18) Right to Freedom (Articles 19-22) Right against Exploitation (Articles 23-24) Right to Freedom of Religion (Articles 25-28) Cultural and Educational Rights (Articles 29-30) Right to Constitutional Remedies (Article 32)
India originally had 7 fundamental rights, but currently, there are 6 fundamental rights after the Right to Property (Article 31) was removed by the 44th Constitutional Amendment in 1978. The 6 Fundamental Rights in India are: Right to Equality (Articles 14-18) Right to Freedom (Articles 19-22) Right against Exploitation (Articles 23-24) Right to Freedom of Religion (Articles 25-28) Cultural and Educational Rights (Articles 29-30) Right to Constitutional Remedies (Article 32) The Right to Property is now a legal right under Article 300A, but it is no longer a fundamental right.
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