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Fundamental Rights and Duties

The document discusses the fundamental rights and duties of Indian citizens as outlined in the Indian constitution. It provides an overview of the key rights such as right to equality, freedom of speech, religion and cultural rights. It also discusses important court cases that have interpreted these rights. The document then outlines the fundamental duties expected of citizens to strengthen the nation as defined in Article 51A. It concludes by emphasizing that fundamental rights are provided with the corresponding duties for citizens.

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4K views22 pages

Fundamental Rights and Duties

The document discusses the fundamental rights and duties of Indian citizens as outlined in the Indian constitution. It provides an overview of the key rights such as right to equality, freedom of speech, religion and cultural rights. It also discusses important court cases that have interpreted these rights. The document then outlines the fundamental duties expected of citizens to strengthen the nation as defined in Article 51A. It concludes by emphasizing that fundamental rights are provided with the corresponding duties for citizens.

Uploaded by

navdeepsahni
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© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Indian Fundamental Rights and

Duties

Presented by:
Lokesh Bhatiya (09mba02)
Rakesh Girase (09mba07)
Sanni Patel (09mba35)
An Introduction to Indian
Fundamental Rights and Duties
• 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.
• According to the Indian Fundamental Rights,
every people are entitled to live freely and
happily in a democratic set up.
• The Indian Fundamental Rights are to give
citizens the true freedom to live, and to live a
good life without the influence of any other
individual.
Cont…
• Citizens also require to perform some
fundamental duties which are required to build a
strong nation.
• Fundamental Rights are covered in Part III of the
Indian Constitution, while the Fundamental
Duties are written in Article 51A.
• The Constitution, in a way, make the citizens
aware of their core rights and responsibilities
through the articles dealing with the
fundamental Rights and Duties.
Fundamental Rights of the Indian
Citizen
• Article 12 to 35 of the Indian Constitution
covers the Fundamental Rights of the citizen
of the country.
• All these Fundamental Rights indicate that all
the citizens are equally treated by the nation
irrespective of caste, sex and creed.
Right to Equality(article 14 to 18)
• The State shall not deny to any person equality
before the law or the equal protection of the
laws within the territory of India.
• The State shall not discriminate against any
citizen on grounds only of religion, race, caste,
sex, place of birth or any of them.
• There shall be equality of opportunity for all
citizens in matters relating to employment or
appointment to any office under the State.
IN THE SUPREME COURT OF INDIA
Randhir Singh Vs. Union of India
• Directive Principle, the Constitutional goal of
'equal pay for equal work for both men and
women'.
• 'Equal pay for equal work' is not a mere
demagogic slogan.
• It is a constitutional goal capable of attainment
through constitutional remedies by the
enforcement of constitutional rights.
Right to Freedom(article 19 to 22)
All citizens shall have the right—
– to freedom of speech and expression;
– to assemble peaceably and without arms;
– to form associations or unions;
– to move freely throughout the territory of India;
– to reside and settle in any part of the territory of
India
– to practice any profession, or to carry on any
occupation, trade or business.
Subhash Kumar vs State of Bihar
• The petitioner filed a public interest petition on the
pollution of the Bokaro river by the slurry discharged from
the washeries of the Tata Iron and Steel Company Ltd.
[TISCO].
• It was alleged that as a result of the release of effluent into
the river, its water is not fit for drinking purposes or for
irrigation.
• the right to enjoyment of pollution free water and air for
the full enjoyment of life. If anything endangers or impairs
the quality of life, an affected person or a person
genuinely interested in the protection of society would
have recourse to Art. 32.
Right against exploitation
(article 23 to 24)
• The right against exploitation allows Indian citizens
to stand up against any kind of exploitation that
he/ she might be going through. This fundamental
right is described in the constitution as:
• Article 23: Traffic in human beings and beggar and
other similar forms of forced labour are
prohibited and any contravention of this provision
shall be an offence punishable in accordance with
law.
• Nothing in this article shall prevent the State from
imposing compulsory service for public purposes,
and in imposing such service the State shall not make
any discrimination on grounds only of religion, race,
caste or class or any of them.
• Article 24. Prohibition of employment of children in
factories, etc.- No child below the age of fourteen
years shall be employed to work in any factory or
mine or engaged in any other hazardous
employment.
M.C.Mehta v. State of T.N.:

• The Supreme Court directed that children


should not be employed in hazardous jobs in
factories for manufacture of match boxes and
fireworks, and positive steps should be taken
for the welfare of such children as well as for
improving the quality of their life.
Right to Freedom of Religion
(article 25 to 28)
• Subject to public order, morality and health
and to the other provisions of this Part, all
persons are equally entitled to freedom of
conscience and the right freely to profess,
practice and propagate religion.
• Subject to public order, morality and health, every
religious denomination or any section thereof shall
have the right
– to establish and maintain institutions for
religious and charitable purposes;
– to manage its own affairs in matters of religion;
– to own and acquire movable and immovable
property; and
– to administer such property in accordance with
law.
Kesavananda Bharati
vs. State of Kerala
• The Supreme Court ruled that all provisions of
the constitution, including Fundamental Rights
can be amended.
• However, the Parliament cannot alter the basic
structure of the constitution like secularism,
democracy, federalism, separation of powers.
• Often called the "Basic structure doctrine", this
decision is widely regarded as an important part
of Indian history.
Cultural and Educational
rights(article 29 to 31)
• Any section of the citizens residing in the territory
of India or any part thereof having a distinct
language, script or culture of its own shall have
the right to conserve the same.
• No citizen shall be denied admission into any
educational institution maintained by the State or
receiving aid out of State funds on grounds only of
religion, race, caste, language or any of them.
• All minorities, whether based on religion or
language, shall have the right to establish and
administer educational institutions of their
choice.
Right to Constitutional Remedies
(article 32 to 35)
• The right to move the Supreme Court by
appropriate proceedings for the enforcement of
the rights conferred by this Part is guaranteed.
• The Supreme Court shall have power to issue
directions or orders or writs, including writs in
the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari,
whichever may be appropriate, for the
enforcement of any of the rights conferred by
this Part.
• Parliament may, by law, determine to what extent any
of the rights conferred by this Part shall, in their
application to,—
– the members of the Armed Forces; or
– the members of the Forces charged with the
maintenance of public order.
– persons employed in any bureau or other
organisation established by the State for purposes of
intelligence or counter intelligence; or
– person employed in, or in connection with, the
telecommunication systems set up for the purposes
of any Force, bureau or organization referred to in
clauses (a) to (c),
FUNDAMENTAL DUTIES
(Article 51A)
• These Fundamental rights have been provided
at the cost of some fundamental duties.
• These are considered as the duties that must
be and should be performed by every citizen
of India. These fundamental duties are
defined as:
Fundamental Duties
– To respect and incorporate the ideals which
were the very base of our national struggle
for freedom
– To follow the Constitution and respect its
institutions, the National Flag and the
National Anthem
– To spread the message of peace and
brotherhood amongst all the Indian citizens
irrespective of linguistic, religious and
regional or sectional diversities
– To discontinue practices pertaining to the
impairment of the dignity of women
– To protect and promote the sovereignty,
unity and integrity of India
– To protect public property and to avoid
violence
– To contribute towards making improvements
in all spheres of individual and collective
functions to take the nation to new heights of
achievement
– To develop the spirit of inquiry and reform, a
scientific temper and sense of humanism
– To provide defense and national service
when called upon to the country during
hours of crisis
– To preserve the natural environment of India
like the forests, lakes, rivers and wild life and
to have a compassionate outlook towards
the living creatures
– To respect and preserve the rich heritage of
Indian culture
Thank You!

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