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PEARL ACADEMY
Anjali Apartment Near Sapna Hall Makarpura road Vadodara-390 009 Cell:-9825283326 9426765811

FUNDAMENTAL RIGHTS, FUNDAMENTAL DUTIES & DIRECTIVE PRINCIPLES OF STATE POLICY
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India being a democratic country allows its citizen to enjoy equal rights. There is a guarantee to protect these rights. Fundamental Rights The constitution guarantees “six” fundamental rights. important part of the constitution. These fundamental rights are (1) (2) (3) (4) (5) (6) Right to Equality Right to Freedom Right Against Exploitation Right to Freedom of Religion Cultural and Educational Rights. Right to Constitutional Remedies. They form a very

These rights are fundamental or basic human rights. Human rights are rights that a man acquires at the time of the birth only. Every Indian citizen without any discrimination has the right to enjoy these rights. These rights have been guaranteed into the constitution. Every citizen in a democratic country needs these rights in order to grow as a balanced and responsible citizen. A citizen has the right to go to the court of law if he/she is denied these rights. Right to Equality The constitution guarantees that the laws of the country will equally protect everyone. In other words, the state cannot discriminate against a citizen on the bases of race, caste, sex, religion or place of birth. It cannot discriminate against anyone in matters of employment. All citizens can apply for government jobs. But this rights has some exceptions. The constitution provides special provision for schedule castes, schedule tribes and other backward classes. Also there are special provisions for women and children. This type of policy is known as “Positive Discrimination” or “Defensive Discrimination” policy. Untouchability is an evil in Indian society. Our constitution has abolished the practice of untouchability. It is an offence. The law can punish anyone practicing untouchability. The aim of this right is to establish an equal society.

Right to Freedom The right to freedom is actually a cluster of the following six freedoms. (1) (2) (3) (4) (5) (6) Right to speech and expression Right to assemble peacefully and without arms Right to form associations or unions Right to move freely throughout the territory of India Right to live and settle in any part of India Right to practice any profession or to carry any trade or business.

In addition to above this freedom of person and life are also added. No citizen can be denied his life and liberty. No one can be arrested without being told the reason for such arrest. The arrested person has to appoint a lawyer of his choice. An arrested person has to be brought before the nearest magistrate within twenty four hours except under exception. The constitution also imposes restrictions on these rights on some matters such as public arrangement, national unity and integrity, contempt of a court of law, defamation, public order and morality, exciting someone for violence. This right is very crucial for democracy Right against Exploitation When we accept everyone as human we cannot treat anyone as a “Slave”. One cannot be kept in captivity. He cannot be treated as forced labourer. Citizens are protected against such exploitation. Any person committing this crime is punishable. In the same way, if the children below the age of 14 years are asked to do work beyond their capacity and if they are employed in a factory, mines or such dangerous places it is also their exploitation. This becomes a serious crime under child labour law. Right to Freedom of Religion Right to freedom of religion provides religious freedom to all the citizens of India. All religions are equal before the state and no religion will be given preference over the other by the state. The religious communities can set up charitable institutions of their own. The state will not interfere in any of community religious matters. However religious freedom also has to be observed under certain limitation as in the interest of public order, morality and health. .

Cultural and Educational Rights India is a country of multiple religions, languages and cultures. Based on these the constitution provides special measures to protect the rights of the minorities. Any community which has a language and script of its own has the right to conserve and develop them. No citizen can be discriminated against admission because of religion or language. All minorities, religious or linguistic can set up their own educational institutions. They can preserve their culture. Right to Constitutional Remedies Right to constitutional remedies is not only a special right for fundamental rights but also a very special feature of our constitution. This right empowers the citizens to go the court in case of denial of any of the above fundamental rights. This is their fundamental right. The court of law stands a s a guard against the violation of these right. Under this right it becomes duty of the Judiciary to attend all complains that the citizens should get proper justice. Dr. Babasaheb Ambedkar has considered this right as “Soul of the Constitution”. Fundamental Duties Fundamental duties are the constitutional obligations imposed on every citizen of India. Fundamental duties are incorporated in the constitution in 1976 after certain changes. Its principal objective is to stimulate sense of patriotism, awareness, towards some noble ideals and values, making every citizen accountable to uplift the nation. It is the duty of every citizen to contribute towards defending national sovereignty and integrity and contribute towards maintaining unity and harmony of the nation. The following duties are incorporated in the fundamental duties. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) To abide by and respect the constitution, national flag and national anthem. To cherish and follow the Nobel ideas of our national freedom struggle To uphold and protect sovereignty, unity and integrity of India To defend the country and render national service when required To promote common brotherhood of all people in India and renounce practices derogatory to the dignity of women To value and preserve the rich heritage of the nations composite character To protect and improve national environment have compassion for living creatures To develop scientific temper, humanism and spiriti of inquiry To safeguard public property and abjure violence To strive towards excellence in all spheres of individual and collective activities so that the nation constantly rises to higher levels of endeavor and achievement.

The citizens should voluntarily perform these duties. Attempts should be made to stimulate awareness and consciousness to observe these duties. Students in schools and colleges must be made aware of the importance of these duties and their follow up. 10 December is celebrated as “Human Rights Day” 6 January is celebrated as “Fundamental Duty Day” It is duty of every citizen to observe all these duties Directive Principles of State Policy The Indian constitution has included Directive principles of State policy. The Directive principles are actually directions given by the constitution to the union and the state governments to adopt such policies that would help establish a just society in our country. These principles are about the practical implementation of the objectives and ideals presented in the Preamble by adopting various policies and programs. The primary aim of these principles is to establish a social system based on social, economical and political justice. In words of Dr. Babasaheb Ambedkar “We have made an attempt to establish a political democracy in our constitution. Political democracy is incomplete without social and economical democracy. These principles incorporated such rights as required for the overall development of mankind. Some of these principles are (1) (2) (3) (4) (5) (6) (7) (8) (9) State should try to prevent concentration of wealth Resources such as water, land, forest must be made available for common welfare. State should take measures to preserve good health of labourers and tender children and should see that they are not forced to undertake any work that harms their health. State should promote public health, animal husbandry. It should prevent cow slaughter and other milk giving animals It should promote cottage industries, forests, wild life and ancient monuments It should take steps to increase partnership of labourers in the management of industries It should extend free legal help to weaker sections of the society. It should make attempt to maintain international peace and security, to establish just relation between nations, and to increase honour for international law.

The basic difference between fundamental rights and directive principles is that one can go to the court of law for implementation of or breaking of fundamental rights, while one cannot go to court of law in the matter of directive principles. In words of Dr. Babasaheb Ambedkar “These principles hold crucial importance in country’s rule”. They are the foundation of governing power.

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