Fundamental Rights and Duties in Indian Constitution

Fundamental rights and duties are the basic rights of an Indian Citizen in the Indian Constitution. These fundamental duties and rights apply to all the citizens of the country irrespective of their religion, gender, caste, race, etc.

In this article, we will learn more about these Fundamental Rights and Duties in Indian Constitution.

Basic idea about Articles 12-35

Articles 12-35 constitute Part III of the Indian Constitution. Let us now have a deeper look at the articles which talk about the fundamental duties and rights of an Indian Citizen.

1. Articles 14-18: Right to Equality

These articles talk about equal rights for all the citizens of the country irrespective of their caste, class, creed, gender, place of birth, or race. It says that there shall be equal opportunities with regard to employment and other aspects.

These articles also work towards the abolition of orthodox practices that have been taking place in the country like, untouchability, etc.

2. Articles 19-22: Right to Freedom

This is one of the most vital rights in the country whose foundation is based on Democracy. The constitution of India says that the citizens of the country have freedom in various regards. The freedom rights in the Indian Constitution include freedoms of -:

1. Expression
2. Speech
3. Assembly without arms
4. Association
5. Practicing any profession
6. Residing in any part of the Country

However, these rights are subjective. This further implies that the state has the right to impose restrictions on these rights depending upon the situation.

3. Articles 23-24: Right against Exploitation

These articles talk about the exploitation of humans and their rights. It prohibits any activities that encourage child labor, human trafficking, and other forms of forced labor. This article also prevents the state from imposing any compulsory service for public purposes.

Also, while making such compulsions, the state shall not discriminate against anyone on the basis of caste, creed, gender, etc.

4. Articles 25-28: Right to Freedom of Religion

India, being a secular country, consists of people from varied religions and faiths and therefore, it becomes of utmost importance that we and the constitution of Indian support freedom of religion. Under these articles, the state can be prevented from making the laws that

1. Might be associated with a specific religious practice.
2. Opening Hindu religious institutions of a public character.

5. Articles 29-30: Cultural and Educational Rights

These are the articles that work towards protecting the rights of cultural, religious, and linguistic minorities by aiding them to preserve their heritage and culture. The state is supposed to have no official religion.

These articles grant all the citizens of the country the right to worship any religion of their choice. Under these articles, the state does not hold the right to discriminate against any educational institution on the basis of it being a minority-run institution.

6. Articles 30-35: Right to Constitutional Remedies

These articles bind all the previously mentioned as this right makes sure that all the other fundamental rights are not being violated in any case. If any citizen of the country feels that their rights are being violated, they have the right to approach the court and demand justice.

Under these articles, the supreme court also holds the power of issuing writs against activity that it might find unsuitable.

Herein, the parliament holds the power control the rights that are being given to –

1. Army personnel
2. Bureaucrats
3. Members in charge of maintenance of public order

44TH AMENDMENT ACT

The 44th amendment was introduced to the constitution by the 45th Amendment bill in the year 1978. This act of the Indian Constitution was initiated back in the year 1976 by the Janata Government.

It said that during the 42nd amendment of the constitution, quite a lot of bills were passed without the consent of the citizens of the country, therefore, to safeguard the interests of the nation, the 44th Amendment was needed.

All the amendments that were made by the 42nd amendment were nullified by this act.

Some provisions made by the 44th Amendment include –

1. Restoration of a few powers of the Supreme Court.
2. Judicial review of President, Governors, the Lok Sabha Speakers.
3. Constitutional Protection to Newspaper publications.
4. Removal of Right to Property from the fundamental rights.
5. Proclamation of emergency only on the basis of written advice tendered to the president of the cabinet.

DIFFERENT TYPES OF WRITS – THE ENFORCEMENT OF THE FUNDAMENTAL RIGHTS

Under article 32 and 226, the high court and the supreme court of India hold the right to issue writs in the forms of Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto.

In layman terms, a writ is a written notice by the supreme court or the high court that demands constitutional remedies for the citizen whose fundamental right has been violated.

Furthermore, the constitution grants the power to the parliament to demand a writ from the supreme court due to one of the reasons. The different types of writs are -:

1. Habeas Corpus

The Latin meaning of the word is, ‘may have the body’. This writ is issued in regard to calling an illegally detained person, be present in front of the court.

Further proceedings of the court get to decide whether the person needs to be in the detention of the law or to be let free. This writ can be used in the cases when –

1. A citizen is arrested due to no violation of the law.
2. Any citizen is arrested under an unconstitutional law.
3. A citizen is detained with an intention to harm him.
4. The citizen detained is not presented to the magistrate within 24 hours of his detention.

2. Mandamus

The meaning of the word, ‘Mandamus’ is ‘ We command’. It is a notice that is offered by the court to the public body, inferior court, public official, government, or tribunal in regard to reminding them of their duties that they have been ignoring for a while. Due to its reminding principle, some people also term it to be a ‘wakening call’.

However, a Mandamus can not be issued against a private individual or a private body, if their duty is not mandatory, to enforce some kind of a private contact, against the governors of the president of the state, or against the working chief.

3. Prohibition

This writ is also popularly known as the writ of ‘Stay Order’. It can be issued to an inferior court or a quasi-judicial body in order to prohibit them from carrying forward the proceedings of a particular case. This writ can only be issued against a legal body.

4. Certiorari

The meaning of ‘Certiorari’ is ‘to certify’. This writ can be issued by the supreme court or the high court to reverse the order that has already been passed by an inferior court, quasi-judicial authority, or a tribunal.

5. Quo-Warranto

This term means, ‘What is your Authority?’ This writ is issued in regard to prohibiting a person from holding a public office to which he is not entitled to. The writ expects the concerned person to explain the court of law about the authority to which is holding a public office.

According to his explanation, the court can take further decisions on whether he shall be allowed or the place needs to be vacated.

Article 51A

Upon the recommendation of the Swaran Singh Committee, the fundamental duties of a citizen were added to the constitution under the 42nd Amendment. Article 51A consists of Part IV-A of the Constitution of India. The 11 fundamental duties that are to be obeyed by all the citizens of the country are mentioned in this article are;-

1. To abide by the Indian Constitution and respect its constitution, National Anthem, and the National Flag.
2. Follow the Noble ideals that inspired the national struggle for freedom.
3. Protect and uphold the sovereignty, integrity, and unity of the country.
4. To defend the nation and render national services when asked to do so.
5. Promote the spirit of Brotherhood and fraternity in the country.
6. To strive for excellence.
7. To protect the environment of the nation.
8. Protect the culture of the nation.
9. To be protective of public property.
10. To generate a scientific rationale for every thought.
11. Responsibility of all the parents to send their children to school between the age of 6 and 14.

Difference between Fundamental Rights and Fundamental Duties of India

The difference between fundamental duties and fundamental rights has been explained in table below-;

Criticism of Fundamental Rights of India

Some of the criticisms that the fundamental rights of our country have received over the years include –

1. Lack of Clarity

As stated by Sir Ivor Jenning, the Indian constitution is a treat for the lawyers. This was said because it is believed that the Constitution of India was made by the lawyers, for the lawyers. The complicated terms in the Constitution are beyond the understanding of a layman.

The terms used are vague and ambiguous in nature.

2. Suspension of rights during emergency

During a national emergency, the parliament holds the right to suspend the fundamental rights of the citizens of the country. Hence, they are not completely in the hands of the citizens, but the authorities hold the powers to suspend them as and when needed.

3. Excessive Limitations

It is believed that the fundamental rights are not clearly stated and also hold a lot of limitations to them. These rights are subjected to a number of exemptions and restrictions. The critics believe that when the constitution grants its citizens fundamental rights with one hand, it also takes them away with the other.

4. No Social and Economic Rights

The fundamental rights only consist of political rights and no social or economic rights are visible in the list. No rights like Right to Social Security, Right to education, Right to Work are mentioned in the list of fundamental rights.

Shall also be noted that these rights are granted to the citizens in some of the other advanced Democratic nations.

5. An Expensive Remedy

It states that if any of the rights of a citizen is violated, then he has the authority to approach the court. But, one cannot ignore the fact that the court proceedings demand a lot of money and energy. A common man thinks twice before approaching the court to get his rights.

Significance of Fundamental Rights of India

The fundamental rights play a major role in the democracy of the nation. They act as a bedrock to democracy as they guarantee equality to the citizens of the nation. Due to the principle of equality, one can ensure dignity and respect in the country.

These rights apply to a man as a protection against his will and expression. These rights help to lay down the stone for social justice and equality amongst the citizens. Furthermore, they aid to strengthen the secular nature of the country.

Enforcement of Fundamental Duties of India

The fundamental duties are the duties that a citizen himself has to take care of. Court cannot enforce these duties. No writ can be issued in regard to the under fulfillment or the over fulfillment of the fundamental duties.

However, in regard to the environmental contribution, the supreme court holds the central government responsible and expects it to take a number of steps to make it effective. The citizens need to monitor their own efforts in the case of fundamental duties.

These are termed to be the moral obligations of a citizen, that are not obligatory in nature.

Recent Issues

1. Keeping in mind the Right to Education, the Karnataka Government put a ban on the conduction of online classes amidst the pandemic.
2. In response to a petition filed by the political parties of Tamil Nadu, the Supreme Court announced that Reservation is not a fundamental right.
3. On the protests relating to the CAA, the Supreme Court said to the people protesting in Delhi’s Shaheen Bagh that they do have a right to protest but there must be a balancing factor.

Conclusion

Finally Fundamental rights and fundamental duties constitute one of the most important texts of the constitution. Where they tell us about the rights that we can access, it also puts forth the moral duties of a citizen.

Where the constitution grants us with one thing, it also expects something from its countrymen. It becomes vital for a citizen to be aware of his rights and duties that he can exercise in the court of law.