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Fundamental Duties and

Rights

Sumanta Sarathi Sharma


School of Philosophy and Culture
Shri Mata Vaishno Devi University
Katra, J&K, 182 320
INDIA

Preliminaries
Due process of Law
Procedure Established by Law
Golaknath vs. State of Punjab (1967)
Keshavananda Bharti vs. State of
Kerela (1973)

Basic definitions
Rights: An abstract idea of that
which isdue to a person or
governmental body by law, tradition or
nature.
Duties: An obligation or work that
you are expected to perform for
moral or legal reasons.

Basic definitions contd


Fundamental Rights - Those civil,
social, cultural, religious, political
liberties or entitlements, which are
considered
essential
for
the
development of the personality of
every individual and to preserve
human dignity.
Fundamental Duties - Those duties,
which obligate citizens to respect the
national
symbols,
to
cherish

Fundamental Duties
It shall be the duty of every citizens 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 forests, lakes,
rivers and wild life, and to have compassion for living creatures;
(h) to develop the 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.

Magna Carta
Or
Magnum Opus

Fundamental Rights
Basic Human Rights (freedoms)
Civil liberties (Individual and group)
Peace and harmony
Enforceable,
restrictions

subject

Universally applicable

to

certain

Consider the following


statements
(a)Fundamental rights are available to
all the subjects of the state.
(b)All Fundamental rights are available
to every citizen of the state.
(c)Fundamental rights are inalienable.
(d)Fundamental rights are absolute.
(e)Fundamental rights are amendable.

Fundamental Rights
contd
Right to equality
Right to freedom
Right against exploitation
Right to freedom of religion
Cultural and Educational rights
Right to constitutional remedies

Salient Features
The Rights have their origins in many sources,
including Bill of Rights (England and US) and
Declaration of Rights of Man (France).
UN General Assembly adopted the UDHR and
called upon all member states to adopt
these rights in their respective constitutions.
These rights are considered essential for the
development of the personality of every
individual and to preserve human dignity.

Salient contd.
One can move the Supreme Court on breach
of these rights.
They help in protection and prevention of
gross human rights violations.
These rights primarily protect individuals from
any arbitrary state actions, but some rights
are enforceable against individuals as well
(for eg. Un-touchability, begar, etc).
Fundamental rights can be amended as well
as they are not absolute.

Salient contd.
During Emergency, the rights conferred by
Article 19 (freedoms of speech, assembly
and movement, etc.) remain suspended.
Hence, in such a situation, the legislature
may make laws which go against the
rights given in Article 19.
Also, the President of India, may by order
suspend the right to move court for the
enforcement of other rights as well.

Right to Equality
Article 14: Equality before law and
equal protection of law
Article 15: Prohibition of
discrimination on grounds only of
religion, race, caste, sex or place of
birth.
Article 16: Equality of opportunity in
matters of public employment
Article 17: Abolition of un-touchability
Article 18: Abolition of titles, Military
and academic distinctions are,
however, exempted

Right to Freedom
Article 19: It guarantees the citizens of
India the following six fundamentals
freedoms:
Freedom of
Freedom of
Freedom of
Freedom of
Freedom of
Freedom of
Business

Speech and Expression


Assembly
form Associations
Movement
Residence and Settlement
Profession, Occupation, Trade and

Article 20: Protection in respect of


conviction for offences
Article 21: Protection of life and personal
liberty
Article 22: Protection against arrest and

Right against Exploitation


Article 23: Traffic in human beings
prohibited
Article 24: No child below the age of
14 can be employed
Against human trafficking
Against forced labor (begar)
Against child labor
Against prostitution
Against
compulsory

military

Right to freedom of Religion


Article 25: Freedom of conscience and
free profession, practice and
propagation of religion
Article 26: Freedom to manage
religious affairs
Article 27: Prohibits taxes on religious
grounds
Article 28: Freedom as to attendance
at religious ceremonies in certain
educational institutions

Cultural and Educational


Rights
Article 29: Protection of interests of
minorities
Article 30: Right of minorities to establish
and administer educational institutions
Article 31: Omitted by the 44th
Amendment Act

Right to constitutional
remedies
Habeas Corpus This is issued to a detaining authority, ordering

the detainer to produce the detained person in the issuing court,


along with the cause of his or her detention. If the detention is
found to be illegal, the court issues an order to set the person free.

Mandamus This is issued to a subordinate court, an officer of


government, or a corporation or other institution commanding the
performance of certain acts or duties.
Prohibition Thisis issued by a higher court to a lower court
prohibiting it from taking up a case because it falls outside the
jurisdiction of the lower court. Thus, the higher court transfers the
case to itself.
Quo Warranto - This is issued against a person who claims or
usurps a public office. Through this writ the court inquires 'by what
authority' the person supports his or her claim.
Certiorari This is issued to a lower court directing that the
record of a case be sent up for review, together with all supporting
files, evidence and documents, usually with the intention of
overruling the judgment of the lower court

Certain Issues

Right to work
Freedom of Press
Reservation Policy
Overseas citizen
Uniform Civil Code

Is equality a virtue?
Compensatory/
discrimination

protective

Amendments
Right to property
by the 44th Amendment (1978)
Right to education
by the 86th Amendment (2010)

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