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Fundamental Rights, DPSP & Fundamental Duties

Fundamental Rights

  • Indian Constitution has six Fundamental Rights.
  • Fundamental rights are placed in part 3 of our constitution from Articles 12 to 35.
  • It is adopted from the constitution of USA.

Six Fundamental Rights

Right to Equality (Article 14-18)

  • Article 14: Equality before law and equal protection of laws.
  • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
  • Article 16: Equality of opportunity in matters of public employment.
  • Article 17: Abolition of untouchability and prohibition of its practice.
  • Article 18: Abolition of titles except military and academic.

Right to Freedom (Article 19-22)

  • Article 19: Under this article Indian citizens get following 6 freedoms.
    1. Speech and expressions
    2. Assembly
    3. Association
    4. Movement
    5. Residence and
    6. Profession
  • Article 20: Protection in respect of conviction for offences.
  • Article 21: Protection of life and personal liberty.
  • Article 22: Protection against arrest and detention in certain cases.

Right against Exploitation (Article 23-24)

  • Article 23: Prohibition of traffic in human beings and forced labor.
  • Article 24: Prohibition of employment of children below the age of 14.

Right to Freedom of Religion (Article 25-28)

  • Article 25: Freedom of conscience and free profession, practices and propagation of religion.
  • Article 26: Freedom of managing religious affairs.
  • Article 27: Freedom as to Payment of taxes for promotion of any particular religion.
  • Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

Cultural and Educational Rights (Article 29-30)

  • Article 29: Protection of language, script and culture of minorities.
  • Article 30: Right to minorities to establish and administer educational institutions.

Right to Constitutional Remedies (Article 32)

  • Article 32: Right to move the Supreme Court for the enforcement of fundamental rights including the writs of: Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto.

Habeas Corpus

  • It means ‘to have the body of’.
  • If a person is imprisoned then he has the right to enquire under what authority he has been imprisoned or detained.

Mandamus

  • It means ‘we command’.
  • If a person has failed or refused to do his duty then this command is issued by court to a public official asking him to perform his official duties.
  • It cannot be issued against a private individual or body.

Prohibition

  • It means ‘to forbid’.
  • It is issued only against judicial and quasi-judicial authorities.
  • It is issued by higher court to lower court or tribunal to stop the proceedings of latter’s. It is issued on grounds of over stepping the jurisdiction or in case of non consideration of natural justice.

Certiorari

  • It means ‘to be informed’.
  • It is issued by the higher court to the lower court or tribunal to transfer the pending cases to him for the jurisdiction. It is mainly practiced in case of speedy justice.

Quo-Warranto

  • It means ‘by what authority or warrant’.
  • It is issued by the court to prevent a person from illegally holding a post of a public office.

Directive Principles of State Policy

Directive Principles are classified into 3 categories on the basis of their content and direction: Socialistic, Gandhian and Liberal-Intellectual.

Socialistic Principles

  • Article 38: To secure a social order for the promotion of welfare of the people.
  • Article 39: Certain principles of policy to be followed by the State.
  • Article 39(A): Equal justice and free legal aid.
  • Article 41: Right to work, to education and to public assistance in certain cases.
  • Article 42: Provision for just and humane conditions of work and maternity relief.
  • Article 43: A living wage, a decent standard of life and social and cultural opportunities for all workers.
  • Article 43(A): Participation of workers in management of industries.
  • Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health.

Gandhian Principles

  • Article 40: Organization of village panchayats.
  • Article 43: To promote cottage industries in rural areas.
  • Article 46: Promotion of educational and economic interest of, SCs, STs and other weaker sections.
  • Article 47: Prohibition of consumption of intoxicating drinks and drugs which are injurious to health.
  • Article 48: Protection of cows, calves and other milch and draught cattle and to improve their breeds.

Liberal-Intellectual Principles

  • Article 44: A uniform civil code is secured for the citizens throughout the country.
  • Article 45: Provide the free and compulsory education for the children until they complete the age of 14 years.
  • Article 48: Organization of agriculture and animal husbandry on modern way.
  • Article 48(A): To protect and improve the environment and to safeguard forests and wildlife.
  • Article 49: To protect monuments, places and objects of national importance.
  • Article 50: To separate the Judiciary from the Executive.
  • Article 51: Promotion of international peace and security and maintain just and honorable relations between nations.

 

Fundamental Duties

  • Fundamental Duties are placed in article 51(A).
  • It was added in 1976 by 42nd amendment on the basis of Swarn Singh Committee report.

There are 11 fundamental duties.

  1. To abide to 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 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 in India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women.
  6. To value and preserve the rich heritage of the country’s 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 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 his child or ward between the age of six and fourteen years. This duty was added by the 86th Constitutional Amendment Act, 2002.