NTSE Sheet-4

Topic – Fundamental rights and duties

 General assembly of UN adopted universal declaration of human rights on Dec. 10, 1948.
 The constitution of India incorporated the ideals of the declaration of the Rights of man and
citizen of revolutionary France (1789)
 The bill of rights of the American constitution (1791) provided further inputs.
 In the Indian constitution Fundamental Rights (Article – 12 to 35) have been enumerated in
chapter – 3, Directive Principles of state policy in chapter – 4 and Fundamental Duties in chapter
– 4(A)
 Reasons for inclusion in part – 3 of the constitution
(i) They are in nature of civil and political rights – they correspond to the international
covenant on civil and political rights (ICCPR) 1966.
International covenant- It is a multilateral treaty adopted by the UN general assembly on
16 December, 1966. It commits its parties to respect the civil and political rights of
individuals including the civil and political rights of individuals including the right to life,
freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights
to due process and a fair trial.
(ii) These have been made integral part of the Indian constitution – Their inclusion in part III
ensures that any changes in these rights should only be brought through an amendment to
the constitution. The amendment can be carried out by a majority of total membership of
both houses of parliament as well as two-thirds majority of those present and voting.
(iii) Universal in nature – They are bestowed on every citizen of Indian without consideration of
caste, colour, creed, religion or sex.
(iv) Justiciable – a suit can be filed in a high court or Supreme Court if they are violated.
(v) Not Absolute – Fundamental rights can be enjoyed or provided if they do not go against the
rights of others. Parliament can improve certain limitations on such rights to safeguard the
interests and integrity of the country.
(vi) Suspendable – These rights are subject to suspension in the event of a national emergency
to safeguard the interests and the integrity of the country under following conditions –
a) War or external aggression or internal disturbances.
b) Conflicting interests of the individual and the community.

Classification of the Fundamental Rights

1) Right to equality (Article 14 to 18) – The right to equality has political, social and economic
components.
a) Equality before Law – Article 14 guarantees both equality before law as well as equality in
protection by law irrespective of economic status, caste, colour, creed, religion or sex.
Article 15 prohibits discrimination on grounds mentioned in article 14. No one can be barred
from using shops, public places, hotels and all places of public entertainment on the above
grounds. The state is empowered to make special public rules and to make special provisions
for women, children and socially backward persons.
 b) Equal opportunities in public appointments – Article 16 of the constitution provides for equal
opportunities for all citizens in matters of public employment. The state shall make provisions
for reservations in accordance with article 16(4) for the services under it for members of any
backward classes in case there is no adequate representation of these classes. The state may
also make reservations for promotions under the 77th amendment to the constitution.
 In 1992, the supreme court of India allowed 27 per cent reservation of posts in government
services.
c) Abolition of untouchability – Article 17 abolishes untouchability and its practise in any form
Civil Right protection act of 1955 provided that the practise of untouchability by the state or
citizens can be punishable offence.
d) Abolition of Tiles – Article 18 abolishes all titles like Rai Sahib, Khan Bahadur, and Maharaja etc.
these titles are considered a negotiation of equal status for all.
 Special honours relating to military, education and science and non-military citations such as the
Bharat Ratna, the Padma Vibhushan and the Padamshri conferred by the president of India after
independence for laudable works/services.
 The 42nd Amendment act 1976 puts certain restrictions on the right to equality. A person cannot
move the court if his right to equality is restricted to implement directive principles of state
policy.
2) Right to Freedom (Articles 19 to 22) – This right is a cluster of six essential freedoms (Article 19)
and their protection.
Six basic freedoms to its citizen guaranteed by constitution
a) Freedom of speech and expression
b) Freedom to assemble peacefully without arms.
c) Freedom to form associations and unions.
d) Freedom to move freely throughout India.
e) Freedom to reside and settle in any part of India.
f) Freedom to practise any profession, trade or business.
 There is no specific provision in our constitution guarantying the freedom of the press because
freedom of the press is included in the wider freedom of expression which is guaranteed by
Article-19
Protection against conviction for an offence – No Person shall be convicted of any offence
except for violation of a law in force at the time of the commission of the act charged as an
offense (under article 20)
A person may be subjected to only those penalties which were prescribed by law in force at the
time when the offence has been committed. A person can be punished for the same offence
only once. No person can be compelled to give evidence against him.
Protection of life and personal liberty (Under Article 21) – No person shall be deprived of his life
and personal liberty except according to the procedure established by law. Every person has the
right to live with human dignity along with the right to life and personal liberty. It includes the
opportunity of dignified livelihood and freedom from the practice of bonded labour. But no one
can exercise the freedom other than the procedure prescribed by the constitution.
Protection against Arrest and Detention – Article 22 provides the safeguard against arrest and
detention.
 No person can be arrested without being informed about the offence.
 No offence can be deprived of his right to consult his lawyer for his defence.
  No person can be detained without the permission of the court, for more than 24 hours.
Every such person should be produced before the nearest magistrate within 24 hours.

Preventive Detention – It can be made to restrict a person from committing an illegal act. The
person who attempts to disturb national security, peace and public orders can be arrested for
same period of time. This cannot exceed 3 months. In such cases the person has to be informed
of the reasons for his detention and has to be provided the right to file his representation.

Suspension of the Right to Freedom – In the event of external aggression and internal
disturbances, the right to freedom may be suspended under the order of president, but the right
to freedom guaranteed under Article 20 & 21 cannot be suspended.

3) Right against exploitation – Article 23rd and 24th of the constitution prohibit immoral traffic in
human beings begging, forced labour (article 23 A) and employment of children below 14 years
of age in factories and hazardous employment (article 24). Provision has been made against
their exploitation.
4) Right to freedom of Religion (Article 25 - 28) –Republic of India has been declared a secular
state. State has no religion of its own. Every religion has been given equal respect in the state.
There shall be no discrimination on the ground of the religion.
a) Freedom of conscience and religion.
b) Freedom to manage religious affairs.
c) Taxes cannot be imposed for the maintenance of any particular religion.
d) The constitution prohibits imparting of religious education in the government aided
educational institutions. In the matter of other institutions no person shall be compelled to
acquire religious education or worship.
5) Cultural and Educational Rights (Article 29 and 30) –
a) Every citizen of India shall have the right to conserve his/her own language, script or culture.
The state shall not, in granting aid to educational institutions, discrimination against any
educational institution on the ground of religion, caste, sex, language etc. No educational
institution can deny admission on these grounds.
b) All minorities, whether based on religion or language shall have the right to establish and
administer educational institutions of their own choice.
6) Right to constitutional remedies (Article 32 – 35) – the state cannot enact a law which may limit
or abolish fundamental rights. The enforcement of the fundamental rights is guaranteed by the
constitution. The court for this purpose can issue five types of Writs( a form of written command
in the name of a court-summons)
i) Habeas Corpus – The court can issue an order to the detaining authority to present the
detained person before the court.
ii) Mandamus – The court can issue orders to an officer or institution to perform an act
which fails within its jurisdiction.
iii) Prohibition – It is a writ issued by high courts to lower courts when they exceed the
limits of their power or jurisdiction.
iv) Certiorari – The writ of certiorari is exercised by the high court. The high court can
summon the record file or a case from the lower court in order to verify the records.
v) Quo Warranto – When a person, officer or an institution does such a work which is
legally not in his/her jurisdiction then this writ of Quo Warranto is issue by the high
court to lower courts. These writs are issued for the violation of fundamental rights,
against those persons or institution who have violated them.