PRESENTATAION ON

FUNDAMENTAL RIGHTS AND

DUTIES:
Presentation by :

Brundaban Kumar Singh, MBA,LL.M,FIII

What Is Constitution:
Supreme law of India.
Longest written constitution of any sovereign country
in the world, containing 448 articles in 25 parts, 12
schedules and 97 amendments.
Besides the English version, there is an official Hindi
translation.
B. R. Ambedkar is the Chief Architect of Indian
Constitution. 
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Constitution was enacted by the Constituent Assembly on 26
November 1949, and came into effect on 26 January 1950.
Date 26 January was chosen to commemorate the Purna
Swaraj declaration of independence of 1930.
It declares India to be a sovereign, socialist,
secular, democratic republic, assuring its citizens
of justice, equality, and liberty, and endeavours to
promote fraternity among them.
Introduction:
Defined as the basic human rights of all citizens.
Defined in Part III of the Constitution, apply irrespective of
race, place of birth, religion, caste, creed or gender.
According to the constitution, every citizen has certain
rights, known as the Fundamental Rights of a citizen, and
the constitution guarantees every citizen of those.
History:
Constitution was formed on the 26th of November in 1949 by
the Constituent Assembly and came into force on the 26th of
January 1950.
Fundamental Duties of the citizens of India mentioned in
Article 51A of the Indian Constitution.
By the 42nd Amendment of the Constitution, adopted in
1976, Fundamental Duties of the citizens have also been
enumerated.
Development of constitutional rights in India was inspired
by historical documents such as England's Bill of Rights,
the United States Bill of Rights and France's Declaration of
the Rights of Man.
Fundamental Rights:
The Right to Equality.
Right to Freedom
Right against Exploitation
Right to Freedom of Religion
Cultural and Educational Rights
Right to Constitutional Remedies
Fundamental Duties:
To abide by the Constitution and respect the ideals and
Institutions.
To respect the National Flag and the National Anthem.
To realize and follow the essential ideals of secularism,
democracy and non-violence.
To preserve the culture and heritage.
To protect the Sovereignty, Unity and Integrity of the nation.
To safeguard the public property.
To defend the country even at the cost of our life.
To protect natural resources.
To avoid Dowry, Gambling, and other Social evils.
To strive towards excellence in the respective spheres of
activities of the individuals.
Borrowed Features of constitution from different countries:

From U.K.-
Nominal Head – President (like Queen)
Cabinet System of Ministers
Post of PM
Parliamentary Type of Govt.
Bicameral Parliament
Lower House more powerful
Council of Ministers responsible to Lower House
Speaker in Lok Sabha.
From U.S.:
Written Constitution.
Executive head of state known as President and his being
the Supreme Commander of the Armed Forces.
Vice- President as the ex-officio Chairman of Rajya Sabha.
Fundamental Rights.
Supreme Court.
Provision of States.
Independence of Judiciary and judicial review.
Preamble.
Removal of Supreme court and High court Judges.
 From USSR :
Fundamental Duties.
Five year Plan.

From AUSTRALIA:
Concurrent list.
Language of the preamble.
Provision regarding trade, commerce and intercourse.
From WEIMAR CONSTITUION OF GERMANY:
Suspension of Fundamental Rights during the
emergency.

From JAPAN:

.Provision regarding trade, commerce and

intercourse
 From CANADA:
Scheme of federation with a strong centre
Distribution of powers between centre and the states and
placing. Residuary Powers with the centre.

From IRELAND:
Concept of Directive Principles of States
Policy(Ireland borrowed it from SPAIN).
Method of election of President.
Nomination of members in the Rajya Sabha
by the President.
Fundamental Rights:
Right to Equality:
Article 14 :- Equality before law and equal protection of
law
Article 15 :- Prohibition of discrimination on grounds
only of religion, race, caste, sex or place of birth.
Article 16 :- Equality of opportunity in matters of public
employment
Article 17 :- End of untouchability
Article 18 :- Abolition of titles, Military and academic
distinctions are, however, exempt
Right to Freedom:
Article 19 :- It guarantees the citizens of India the
following six fundamentals freedoms:-
Freedom of Speech and Expression
Freedom of Assembly
Freedom of form Associations
Freedom of Movement
Freedom of Residence and Settlement
Freedom of Profession, Occupation, Trade and Bussiness
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Article 20 :- Protection in respect of conviction for
offences
Article 21 :- Protection of life and personal liberty
Article 22 :- Protection against arrest and detention in
certain cases
Right Against Exploitation
Article 23 :- Traffic in human beings prohibited.

Article 24 :- No child below the age of 14 can be

employed.
Right to freedom of Religion:
Article 25 :- Freedom of conscience and free profession,
practice and propagation of religion
Article 26 :- Freedom to manage religious affairs
Article 27 :- Prohibits taxes on religious grounds
Article 28 :- Freedom as to attendance at religious
ceremonies in certain educational institutions
Cultural and Educational Rights:
Article 29 :- Protection of interests of minorities
Article 30 :- Right of minorities to establish and
administer educational institutions
Article 31 :- Omitted by the 44th Amendment Act
Right to Constitutional Remedies:
Article 32 :- The right to move the Supreme Court in
case of their violation (called Soul and heart of the
Constitution by BR Ambedkar)
Forms of Writ check
Habeas Corpus :- Equality before law and equal
protection of law
 Comparisons of Indian fundamental
duties of India with other Nations:
Duties of citizens U.S.A:
“It shall be the duty of every citizen of the United States of
America“
(a)to abide by the Constitution and respect its ideals and
institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our
national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity
of the United States of America;
(d) to defend the country and render national service when
called upon to do so;
Continue……
(e)to value and preserve the rich heritage of our composite
culture;
(f) to protect and improve the natural environment
including forests, lakes, rivers and wild life, and to have
compassion for living creatures;
(g) to develop the scientific temper, humanism and the
spirit of inquiry and reform;
(h) to safeguard public property and to abjure violence;
(i) to strive towards excellence in all spheres of individual
and collective activity, so that the nation constantly rises to
higher levels of endeavor and achievement.”
 Duties of citizen of CHINA :
 To safeguard the unification of the country and the unity of
all its nationalities;
 To abide by the Constitution and the law, keep State secrets,
protect public property, observe labor discipline and public
order and respect social ethics;
 To safeguard the security, honor and interests of the People’s
Republic of China;
 To defend the motherland, resist aggression, perform
military service and join the militia in accordance with the
law;
 To pay taxes in accordance with the law;
 To practice family planning.
 Duties of citizen of North Korea:

Citizens over the age of seventeen may exercise the right

to vote and be elected to office regardless of gender, race,
occupation, length of residency, property status,
education, party affiliation, political views, and religion.
Citizens in the armed forces may vote or to be elected;
insane persons and those deprived by court decisions of
the right to vote do not have the right to vote and be
elected.
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According to Article 67, citizens have freedom of speech,
publication, assembly, demonstration, and association.
Citizens also have the right to work, and Article 70 stipulates
that they work according to their ability and are remunerated
according to the quantity and quality of work performed.
Article 71 provides for a system of working hours, holidays,
paid leave, sanitoriums, and rest homes funded by the state,
as well as for cultural facilities.
Thank You