CONSTITUTION OF INDIA

ASSIGNMENT-2
FUNDAMENTAL RIGHTS AND DUTIES
221910401022

Haneeth

Fundamental rights are those rights which are essential for intellectual, moral
and spiritual development of citizens of India.  As these rights are fundamental
or essential for existence and all-round development of individuals, they are
called 'Fundamental rights'. These are enshrined in Part III (Articles 12 to 35)
of the Indian constitution.

These include individual rights common to most, such as equality before the
law, freedom of speech and freedom of expression, religious and cultural
freedom, Freedom of assembly (peaceful assembly), freedom of religion
(freedom to practice religion), right to constitutional remedies for protection of
civil rights.

Fundamental rights apply universally to all citizens, irrespective of race,

birthplace, religion, caste, sexual orientation, gender or gender identity.

There are six fundamental rights recognised by the Indian constitution:

1) Right to EQUALITY
2) Right to FREEDOM
3) Right AGAINST EXPLOITATION
4) Right to FREEDOM OF RELIGION
5) CULTURE AND EDUCATIONAL RIGHTS
6) Right to CONSTITUTIONAL REMEDIES

Right to EQUALITY :
Articles 14-18

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.

Right to freedom:
Articles 19-22
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.

RIGHT AGAINST EXPLOITATION :

Articles 23-24
These articles talk about the exploitation of humans and their rights. It
prohibits any activities that encourage child labour, human trafficking, and
other forms of forced labour. 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.

RIGHT TO FREEDOM OF RELIGION :

Articles 25-28
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.
CULTURAL AND EDUCATIONAL RIGHTS :
Articles 29-30
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.

RIGHT TO CONSTITUTIONAL REMEDIES :

The right to constitutional remedies is present for
Enforcement of fundamental rights. The right to privacy is
an intrinsic part of Article 21 (the Right to Freedom) that
protects the life and liberty of the citizens.
The right to privacy is the newest right assured by
the Supreme Court of India. It assures the people's data
and personal security.
Fundamental rights for Indians have also been aimed at
overturning the inequalities of pre-independence social
practices. Specifically, they have also been used to abolish
untouchability and thus prohibit discrimination on the
grounds of religion, race, caste, gender or place of birth.
They also forbid trafficking of human beings and forced
labour (a crime). They also protect cultural and educational
rights of religious establishments. Right to property was
changed from fundamental right to legal right.
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
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.

FUNDAMENTAL DUTIES:

● These are mentioned in Part IV A of the Indian Constitution in the article

51A.
● They were borrowed from the Constitution of the former Soviet Union or
USSR.
● They can be controlled in any condition.
● These are political, social, and economic in nature.
● Fundamental Duties cannot be enforced by the courts.
● Fundamental duties are extended to all citizens of the nation.