Fundamental Rights and Fundamental Duties in Indian constitution

Fundamental Rights

Six Fundamental Rights are provided by the Constitution:

1. Right to equality

2. right to liberty

3. Right against exploitation

4. Right to freedom of religion

5. Cultural and educational rights

6. Right to constitutional remedy

Article 14:

Provides that the State shall not deny any person equality before the law or equal protection of the laws within the territory of India.

An exception to the provision of equality before the law:

• President or the Governor of a State is not answerable to any court for the exercise and performance of the powers and duties of his office.
• No criminal proceeding can be instituted or continued against the President or a Governor in any Court during his term of office.
• No civil proceeding in which relief is claimed against the president of the Governor of a state can be instituted during his term of office in any court in respect of any act done by him in his personal capacity, without prior notice of two months.
• Exceptions acknowledged by the comity of nations in every civilized country, in favor of foreign Sovereigns and ambassadors
• The guarantee of equal protection is a guarantee of equal treatment of persons in equal circumstances, permitting a differentiation in different circumstances.

Article 15:

The state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth, or any of them.

• Nothing in this article shall prevent the State from making any special provisions for women, children, or any socially and educationally backward classes.

Article 16:

Equal opportunity in matters of public employment.

• There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state.
• No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth or any of them, be ineligible for any employment under the state.
• The 77^th amendment has provided to continue reservation in promotion for the S.C and S.T.
• The identification of backward classes is subject to judicial review.

Article 17:

Abolition of Untouchability. The word Untouchability has not been defined either in the Constitution or in the relevant Act of Parliament. It has been assumed that the word has a well-known connotation.

Article 18:

Ensures the Abolition of titles. It prevents the State from conferring any title.

• This ban is only against the State and not against other public institutions, such as Universities.
• The State is not debarred from awarding military or academic distinctions, even though they may be used as titles.
• The State is not prevented from conferring any distinction or award which can not be used as a title. Bharat Ratna or Padma Vibhushan can not be used by the recipient as a title and therefore does not come within the constitutional prohibition.

Article 19:

Provides the six freedoms of :

1. Speech and expression

2. Assemble Peacefully and without arms

3. Form associations or unions

4. Move freely throughout the territory of India

5. Reside and Settle in any part of the territory of India

6. Practice any profession, or to carry on any occupation, trade, or business.

Exceptions:

• The state can impose restrictions on the freedom of speech in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or about contempt of court, defamation, or incitement to an offense.
• Restrictions can be imposed on the right to form associations in the interests of the sovereignty and integrity of India, the security of the state, friendly relations with foreign States, public order, decency or morality, or about contempt of court, defamation, or incitement to an offense.
• The state can prescribe the professional or technical qualification necessary for practicing any profession or carrying on any occupation, trade, or business. The state can exclude any citizen from a business or industry run by the Government or a body of Government.
• There is no specific provision in the Constitution guaranteeing the freedom of the press because freedom of the press is included in the wider freedom of 'expression' which is guaranteed by freedom of expression under Art. 19.

Article 20:

This article guarantees certain protection in respect of conviction for offenses.

It prohibits:

1. Retrospective criminal legislation, commonly known as ex post facto legislation.

2. Double jeopardy of punishment for the same offense more than once.

3. The compulsion to give self-incriminating evidence.

Article 21 (A);

Makes the right of education for children of the age of 6 to 14 years a fundamental right.

Article 21:

Provides that no person shall be deprived of his life or personal liberty except according to the procedure established by law.

Article 22:

Provides that no person who is arrested shall be detained in custody without being informed of the grounds for such arrest.

• No arrested person can be denied the right to consult and to be defended by a legal practitioner of his choice.
• Every person who is arrested and detained in custody is to be produced before the nearest magistrate within a period of twenty-four hours of arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person can be detained in custody beyond tath period without the authority of a magistrate.
• The above safeguard is not available to an enemy alien and a person arrested or detained under a law providing for preventive detention.

Article 23:

Provides Right against Exploitation in the following respects:

• Traffic in human beings and the beggar and other similar forms of forced labor are prohibited.
• The State can impose compulsory service for public purposes, and in imposing such service the State can not make any discrimination on grounds only of religion, race, caste or class or any of them.
• Special provision for the protection of children is made in Art. 24 which provides that no child below the age of fourteen years can be employed to work in any factory or mine or engaged in any other hazardous employment.

Article 25-28:

Provides the Right to freedom of Religion.

Article 25:

Provides freedom of conscience and free profession, practice and propagation of religion subject to public order, morality, and health.

Under article 25 States can regulate religious activities and provide for social reforms and throw open Hindu religious institutions of a public character to all sections of Hindus.

Article 26:

Guarantees following rights to all religious groups subject to public order, morality, and health:

1. Establish and maintain an institution for religious and charitable purposes

2. Manage its own affair in a matter of religion

3. Own and acquire movable and immovable property

4. Administer such property per the law.

Article 27:

The state can not compel any citizen to pay any taxes for the promotion or maintenance of any particular religion or religious institution.

Article 28:

No religious instruction can be provided in any educational institution wholly maintained out or State funds.

Article 29(1):

Where a religious community is in the minority, the Constitution enables it to preserve its culture and religious interests by providing that the State shall not impose upon it any culture other than the community's own culture.

Article 30:

Such community shall have the right to establish and administer educational institutions of its choice and the State shall not, in granting aid to educational institutions, discriminate against such an educational institution maintained by a minority community on the ground that it is under the management of a religious community

Article 31 A:

Full compensation has to be paid if the State seeks to acquire the property of a minority educational institution.

The fundamental rights are guaranteed by the Constitution not only against the action of the Executive but also against that of the Legislature.

Article 32:

The right to constitutional remedy, which was termed 'Soul of the constitution' by Dr. B.R. Ambedkar, has been guaranteed.

Fundamental Duties

The Fundamental Duties are eleven in number, incorporated in Art 51 A[Part IVA], which has been incorporated by the 42^nd Amendment Act, 1976

Under this Article, it is the duty of every citizen of India:

1. To abide by the Constitution and respect its ideal and institutions, the National Flag and the National Anthem.

2. to cherish and follow the noble ideals which inspired our National Struggle for freedom.

3. to uphold and protect the sovereignty, unity, and integrity of India.

4. to defend the country

5. to promote harmony and the spirit of common brotherhood amongst all the people of India

6. to value and preserve the rich heritage of our composite culture

7. to protect and improve the natural environment

8. to develop the scientific temper and spirit of inquiry

9. to safeguard public property

10. to strive towards excellence in all spheres of individual and collective activity.

11. to provide opportunities for education to his child or ward as the case may be between the age of six and fourteen years.