FUNDAMENTAL RIGHTS AND DUTIES UNDER INDIAN CONSTITUTION: - A BRIEF STUDY

This article will be briefly discussing the various fundamental rights enshrined under the Indian Constitution and also the fundamental duties added in the Constitution by the year 1976.

INTRODUCTION:

Fundamental rights are those rights which are essential for the all-round development of the individual. Part III of the Constitution of India contains a long list of Fundamental rights. These rights apply irrespective of race, place of birth, religion, caste, creed or sex. These are enforceable by the courts. Along with the Fundamental Rights the Indian Constitution has provided for the Fundamental Duties of citizens. The Fundamental Duties are, however, defined as the moral obligations of all citizens to help promotion of the spirit of patriotism and to uphold the unity of India. These duties are set out in Part IV-A of the Constitution.

FUNDAMENTAL RIGHTS:

The Fundamental Rights as incorporated in the Indian Constitution can be classified under the following six groups : -

a)   Right to Equality (Articles 14-18).

b)   Right to Freedom (Articles 19-22).

c)   Right against exploitation (Articles 23-24).

d)   Right to freedom of religion (Articles 25-28).

e)   Cultural and Educational Rights (Articles 29-30)

f)    Right to constitutional remedies (Articles 32-35).

The 44^th Amendment of the Constitution has abolished the Right to Property as a fundamental right as guaranteed by Article 19(1)(f) and Article 31 of the Constitution, and hence Article 19(1)(f) and Article 31 has been omitted.

RIGHT TO EQUALITY

Articles 14 to 18 of the Constitution guarantee the right to equality to every citizen of India.

Article 14: - Equality before law – The State cannot deny to any person equality before law and the equal protection of the laws within the territory of India. Basically, this means that everybody is equal in the eyes of law.

Article15: - Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth – The State cannot discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them and no citizen can, on the above said grounds, be subjected to any disability, liability, restriction or condition with regard to – (i) access to shops, public restaurants, hotel or public entertainments; or (ii) the use of wells, tanks, bathing ghat, roads and places of public resorts maintained wholly or partly out of State funds or dedicated to the use of general public. However, it has been provided that the state can make special provision for women and children and for advancement of any socially and educationally backward classes or for the Scheduled Castes and Scheduled Tribes including provision of reservation with regard to their admission to educational institutions including private.

Article 16: - Equality of opportunity in matters of public employment – This Article provides for equal opportunity for all citizen in public employment barring any short of discrimination on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them. However, it does not prevent the state from making any provision for the reservation of appointments or post in favour of any backward of class. It also does not prevent the state from making any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services under the State in favour of the Scheduled Castes and Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.  

Article 17: - Abolition of untouchability – It abolishes untouchability and its practice and stipulates that enforcement of any act of untouchability shall be an offence.

Article 18: - Abolition of titles – This article provides that no title, not being a military or academic distinction, shall be conferred by the state and no citizen of India shall accept any foreign state and no person who is not a citizen of India shall, while he holds any office of profit or trust under the state, accept without the consent of the President any title from any foreign state. It further stipulates that no person holding any office of profit or trust under the state shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.

RIGHT TO FREEDOM

Article 19: - Clause (1) of this article guarantees the citizens of India the following six fundamental freedoms : -

•    1.        Freedom of Speech and Expression,
•    2.        Freedom of peaceful assembly without arms,
•    3.        Freedom to form Association or Unions,
•    4.        Freedom to move freely throughout the country,
•    5.        Freedom to reside and settle in any part of the country,
•    6. Freedom to practice any profession, or to carry any occupation, trade or business.

However, these rights re not absolute rights. So far as the freedom of speech is concerned, said right can neither affect the operation of any existing law nor prevent the State from making any law, in so far as such law imposes reasonable restrictions on exercise of such rights in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with the foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence similar restrictions are apply to other rights also. The State can also impose reasonable restriction in respect of free movement and residence in any part of the country in the interest of the general public or for the protection of the interest of the Schedule Tribes. Even with regard to the practise any profession or to carry on any occupation, the State can also impose restriction regarding the professional qualifications necessary for practising or carrying on any occupation, trade or business.

Article 20 : - Protection in respect of conviction for offences – This Article envisages that no person shall be convicted of any offence for the violation of law in force at the time of the commission of the offence, nor can such that person can be subjected to any penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. Further no person can be prosecuted and punished for the same offence more than once. No person accused of any offence can be compelled to be witness against himself.  

Article 21 : - Protection of life and personal liberty – Under this Article no person can be deprived of his life and personal liberty except according to the procedure established by law. The Supreme Court by several judgements has explained the scope of Right to Life. Now Right to Life means right to live with decency and dignity. Even right to speedy trial, right to pollution free environment, right to health, right to food etc. are also coming within the purview of Article 21.

Article 21A : - Right to education - The State is obliged to provide free and compulsory education to all children of the age of six to fourteen years. The children of this age group have a fundamental right of education which cannot be denied to them by the State.

Article22 : - Protection against arrest and detention in certain cases – As per this Article, no arrested person can be detained in custody without being informed about the grounds of hid arrest, nor can he be denied his right to consult and to be defended by a legal practitioner of his choice. Moreover, after arrest such person is required to be produced before the nearest Magistrate within 24 hours excluding the journey time none can be detained in the custody beyond 24 hours without the authority of the Magistrate. However, these provisions are not applicable in case of an enemy alien or who has been arrested under any law of preventive detention. But no one can be detained under preventive detention for more than 3 months unless the concerned Advisory Board has opined that sufficient cause subsists for further detention. The Advisory Board consists of persons who are, or have been, qualified to be appointed as judges of the High Court. But in case of preventive detention also, the detained person is required to be informed about the grounds of such detention giving him the earliest opportunity of making representation against such order.

RIGHT AGAINST EXPLOITATION

Article 23 : - Prohibition of traffic in human beings and forces labour – Traffic in human beings and beggar and other similar formed of forced labour are prohibited and any contravention of the same is an offence.

Article 24 : - Prohibition of employment of children in factories etc. – No child below the of fourteen years can be employed to work in any factory or mine or engaged in any other hazardous employment.

RIGHT TO FREEDOM OF RELIGION

Article 25 : - Freedom of conscience and free profession, practice and propagation of religion – All persons are equally entitled to freedom of conscience and are free to profess, practice and propagate religion; however this right is subject to public order, morality, health etc. Moreover, this right does not affect the operation of any law regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice, or any law providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

Article 26 : - Freedom to manage religious affairs – Subject to public order, morality and health, every religious denomination or any action thereof possess the right – i) to establish and maintain institution for religious and charitable purposes, ii) to manage its own affairs in the matters of religion, iii) to own and acquire movable and immovable property, and iv) to administer such property in accordance with law.

Article 27 : - Freedom as to payment of taxes for promotion of any particular religion – No person can be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

Article 28 : - Freedom as to attendance at religious ceremonies in certain educational institutions – No religious instruction can be provided in any educational institutions wholly maintained out of State funds. However, this provision does not apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution. No person attending any educational institution recognized by the State or receiving aid out of State funds can be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto without the consent of such person or, if such person is a minor, without the consent of his guardian.

CULTURAL AND EDUCATIONAL RIGHTS

Article 29 : - Protection of interests of minorities – Any section of citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own has a right to conserve the same and no citizen maintained by the State or receiving aid out of State funds on ground only religion, race, caste, language or any of them.

Article 30 : - Right of minorities to establish and administers educational intuitions – All minorities, whether based on religion or language, have the right to establish and administer educational institutions of their choice. While making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, the State is required to ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under this provision. Further, the State cannot, while granting aid to educational institutions, discriminate against any educational institution or the ground that it is under the management of religion-based minority or language-based minority.

RIGHT TO CONSTITUTIONAL REMEDIES

Article 32 : - Remedies for enforcement of rights conferred by this part – the right to move the Supreme Court by appropriate proceedings for the enforcement of any of the fundamental rights and it is itself a fundamental right. The Supreme Court is conferred with the powers to issue any writ, order or direction to protect the fundamental rights.

FUNDAMENTAL DUTIES

Rights and duties are corelative. The fundamental duties, are, therefore, intended to serve as a constant reminder to every citizen that while the Constitution specially conferred on them certain fundamental rights, it also requires citizens to observe certain basic norms of democratic conduct and democratic behaviour.

The new Part IV-A of the Constitution which consists of only one Article 51-A was added to the Constitution by the 42^nd Amendment Act, 1976. This Article for the first time specifies a code of ten fundamental duties for citizens. Article 51-A says that it shall be the duty of every citizen of India –

• a   To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;

  b.   To cherish and follow the noble ideals which inspired our national struggle for freedom;

  c.   To uphold and protect the sovereignty, unity and integrity of India;

  d.   To defend the country and render national service when called upon to do so.

  e.   To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;

  f.    To value and preserve the rich heritage of our composite culture;

  g.   To protect and improve the natural environment including forest, river, lakes and to have compassion for living creatures

  h.  To develop scientific temper, humanism and the spirit of inquiry and reform

  i.    To safeguard public property and to abjure violence;

  j.    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.

  k.   Who is a parent or guardian to provide opportunities for education to his child or as the case may be, ward between the age of six and fourteen years. 

 

It is the duty of each and every citizen to ensure that we follow the fundamental duties and are ever ready to fight for the nation. We should not do any act which is detrimental to the country or in any manner causes insult to the national emblem. We must ensure that we up to the ideals of the founding fathers of our Constitution.