Fundamental Rights, Fundamental Duties &
Directive Principles of State Policy.
Mabus:
a) Fundamental Rights
b) Fundamental Duties
€} Directive Principles of State Policy (meaning)
A) Fundamental Rights:
The rights or freedom guaranteed by Our Constitution and which can be
enforced by courts are called as Fundamental rights.
‘The six categories of Fundamental Rights are:
1. Right to Equality
2. Right to Freedom
Right against Exploitation
Right to Freedom of Religion
Cultural & Educational Rights &
. Right to Constitutional Remedies.
{1} Right to Equality:
a) Equality before law: Everyone should be treated equally befare the law.
b) Prohibition of Discrimination:
* No one should be discriminated on the basis of caste, religion, race, place
of birth,
No one shall be denied to enter shops, public restaurants and palces of
entertainment
No one shall be denied from using wells, bathing ghats, roads maintained
by government.
Exception: Women & Children and citizens of SC/ST.
ality of Opportunity in matters of Public Employment: Everyone should get
‘equal opporttnity in matters related ta public (government) jobs,
Exceptions: reservations fot SC/ST, some jobs may require the knowledge of
particular language.
) Abolition of Untouchability: Our constitution declares that untouchability
abolished and its practice in any form will be considered as a crime.
‘¢) Abolition of Titles: Our constitution ahs abolished titles like Rai Bahadurs
and Khan Bahadurs.
1[Poge Grade 1X- Civics Chp- Fundamental Rights, Fundamental
Duties & Directive Principles of State Policy(2) Right to Freedom:
Freedom of
speech and
Expression
Right to Freedom to
practise any assemble
profession/ peacefully
occupation without arms
Six
Freedoms
Freedom to
reside &
settle in any
part of India
Freedom to
form
Association
Right to
move freely
21Page Grade IX- Civics Chp- Fundamental Rights, Fundamental
Duties & Directive Principles of State Policyier Preventive Detention (Precautionary Custody):
x
Detention of a person without trial is called as Preventive Detention.
The objective of Preventive Detention is not to punish a person for doing
acrime, rather it is done to stop him from doing a crime (before he does
it).
No one can be detained more than 3 months, unless decided by the
appointed Board. (The Board generally consists of High Court Judges)
The person who is detained has the right to know the peried for which he
will be detained, the reason why he is detained and has a right to:make a
representation against the detention.
see Right to Education:
Our country will provide free and compulsory education to all children of
the age 6 to 14years. This right is placed under Right to Life.
According to this law, 25% of seats will be reserved for weaker sections of
the society in private and minority schools,
In case if any expenses occur then it will be taken care by the Centre and
the respective State.
Right to Education Act came into force on 1*' April, 2010:
3 -Right to Information:
vor
This right allows citizens to get information from Public Authorities,
Government Offices, Financial Institutions and Public Sector
Undertakings (PSUs) in respect of documents and records under their
charge.
This right curbs corruption and promote transparency in Government
departments.
The Parliament enacted RTI Act in 2005.
{3} Right Against Exploitation:
a) Prohibition of Traffic in human beings and Forced Labour.
Begar means making a person work against his will (i.e. forcefully)
and without paying him anything for that work,
Traffic in human beings means ‘selling men and women like goods’.
It includes traffic in women and girls for immoral purposes.
Our constitution has abolished and prohibited begar, traffic in
human beings and exploitation in any form.
b) Prohibition of employment of Children in Factories ete.
31Page Grade IX- Civics Chp- Fundamental Rights, Fundamental
Duties & Directive Principles of State Policy(4) Right to Freedom of Religion:
a) Freedom of free profession and propagation of Religion
b) Freedom to manage Religious affairs
c} Freedom from paying any kine of tax for maintaining particular religion.
d) No Religious Instructions in Institutions maintained out of State funds
{5} Cultural and Educational Rights:
Right to conserve the Language, Seript and Culture
b) Right to establish Educational Institutions.
(6) Right to Constitutional Remedies:
* Rights will be of no use if they aren't protected. Our Constitution
allows us to take help from Supreme Court directly in case if our
Fundamental Rights are violated,
Supreme Court and High Court can issue writs or orders to protect
or for the enforcement of any of these rights.
‘Writ: It is a legal document ordering the performance of some
action.
OR
It is an order given by Supreme Court or High Courts in order
to protect someone's fundamental rights. It’s an order asking
an individual to do or to stop doing some action.
‘The five writs include:
Habeas Corpus —* ‘to have body’
+ ‘we order to perform a
Mandamus duty’
Writ of Prohibition + ‘we order to stop a duty’
“ jorar] * tobe informed of what
Writ of Certiorari “|; omer
< Quo- warranto + ‘by what order’
Fs
a
————
ee
4[Poge Grade IX- Civics Chp- Fundamental Rights, Fundamental
Duties & Directive Principles of State Policy.Habeas Corpus : if someone's is unlawfully detained
Mandamus : asks an individual of lower court to do an action
Writ of Prohibition: asks « lower court to be in the limits of their
authority and not to do something,
Writ of Certiorari: asks a lower court to submit the record of a
particular case to higher court.
Quo- warranto : ask a person to show under what authority he hold an
office or has given an oder.
B) Fundamental Dutie:
As citizens of India we owe certain duties towards each other and to
our country such as to protect the unity & integrity of India &
safeguard public property such duties are called as Fundamental
Duties.
Fundamental Duties enlisted in Our Constitution includes:
1. Duties towards Self and towards one’s Children
Duties concerning the Environment
Duties towards State & Society
Duties towards Nation
(1) Duties towards Self and towards one's Chiletren
« To develop the scientific temper, humanism and the spirit of
inquiry and reform.
* Strive towards excellence in all spheres of individual and
collective activity.
{2} Duties concerning the Environment
* To protect and improve the natural environment including
forests, lakes, rivers, wildlife
+ To have compassion for living creatures.
{3) Duties towards State & Soviety
* Duty to follew constitution and respect its ideals and
institutions
Respect National flag and Anthem
Duty to protect and uphold India’s unity and integrity
Duty to defend country and render national service when
called upon to do so.
* Duty to safeguard public property.
5|Page Grade IX- Civics Chp- Fundamental Rights, Fundamental
Duties & Directive Principles of State Policy(4)Duties towards Nation
* To cherish and follow the noble ideals which inspired our
national struggle for freedom
Value and preserve our rich heritage and composite culture
Promote harmony and spirit of common brotherhood among
people of india.
Should give up practices damaging the dignity of women,
C) Directive Principles of State Policy (meaning):
‘The instructions or guidelines that tell the legislative, executive and
judiciary what to do are called as ‘Directive Principles of State
Policy.’
A State should ensure that:
a) There are adequate means of livelihood &
Good economic system (in which there is no concentration of
wealth)
Equal pay for both men and women
Protection against exploitation
Right to work
Right to education
Right to State assistance in cases of old age, sickness & disability.
Early childhood care
Promotion of education and economic interests of all and especially
Se/sT.
‘To promote animal husbandry and organisation of agriculture
‘There are several steps taken by our government towards realization of
the goals of a Welfare State.
To name a few of such steps:
1) Prevention of Atrocities Act
2) Equal Remuneration Act
3) Pradhan Mantri Jan-Dhan Yojana (PMJDY):
Due to this, it was possible for all, specially
Poor, to have their accounts in banks as well as
Insurance coverage, which previously they didn’t
have.
61Page Grade IX- Civics Chp- Fundamental Rights, Fundamental
Duties & Directive Principles of State Policy