Jyoti Assistant Professor Department of Political Science PGGC-11 Chandigarh
Jyoti Assistant Professor Department of Political Science PGGC-11 Chandigarh
Assistant Professor
Department of Political Science
PGGC-11
Chandigarh
Detailed description of Fundamental
Rights
Fundamental Rights are in conformity
with our social conditions
Only classified rights, no recognition of
natural rights
Fundamental Rights are obligatory on
Union Government, State Governments
and Local Governments
Positive and Negative rights
Difference between citizens and aliens
Fundamental Rights are equally
applicable to all citizens
Rights are not absolute or unlimited
Fundamental Rights can be suspended
Parliament can amend the Fundamental
Rights within the basic structure of the
constitution
Parliament can restrict the fundamental
Rights of the security forces
Fundamental Rights are justiciable
Right to Equality – Article 14-18
1. Equality before law – Article 14
2. Prohibition of discrimination – Article 15
3. Equality of opportunity in the matters of
public employment – Article 16
4. Abolition of untouchability – Article 17
5. Abolition of tiltes – Article 18
Right to Freedom – Article 19
1. Freedom of speech and expression
2. Freedom to assemble peacefully and
without arms
3. Freedom to form associations and
unions
4. Freedom to move throughout the
territory of India
5. Freedom to reside and settle in any part
of India
6. Freedom to practice any profession,
occupation, trade or business
Right Against Exploitation – Article 23-24
1. Prohibition of traffic in human beings and
forced labour
2. Prohibition of child labour
Rights to Religious Freedom, Articles 25-28
1. Freedom of Conscience
2. Freedom to manage religious affairs
3. Freedom from payment of taxes for
promotion of any particular religion
4. No religious instruction in government
educational institutions
5. Religious instruction is not compulsory in
private institutions
Cultural and Educational Rights Articles, 29-
30
Right to Constitutional Remedies Article 32
The right to constitutional remedies is the
most important right because it makes other
fundamental rights secure. Without it, other
fundamental rights can’t be got enforced.
The courts can issue many kinds of writs to
protect the rights of the citizens:
Writ of Habeas Corpus
Writ of Mandamus
Writ of Prohibition
Writ of Quo-Warranto
Writ of Certiorari
Rights and Duties are co-relative and they are
often considered as the two sides of the
same coin. The Union Parliament passed the
Forty-Second Constitutional Amendment
Act in 1976 and through it incorporated a
new part (Part IV) and a new Article (Article
51 A) in the Constitution. The new Article in
the new part provides the following eleven
Fundamental Duties for the Indian Citizens:
To abide by the Constitution and respect its
Ideals and Institutions, the National Flag and
the National Anthem
To cherish and follow the Noble Ideals
which inspired our national Struggle for
Freedom
To uphold and protect the Sovereignty, Unity
and Integrity of India
To defend the Country and render national
Service when called upon to do so
To promote Harmony and the Spirit of
Common Brotherhood amongst all the
People of India transcending Religious,
Linguistic and Regional or Sectional
Diversities, to renounce Practices
derogatory to the Dignity of Women
To value and preserve the Rich Heritage of
our Composite Culture
To protect and improve the National
Environment including Forests, Lakes, Rivers
and Wildlife and to have Compassion for
Living Creatures
To develop the Scientific Temper, Humanism
and the Spirit of Inquiry and Reform
To safeguard Public Property and to abjure
Violence
To strive towards Excellence in all Sphere of
Individual and collective Activity so that the
Nation rises to Higher Levels of Endeavour
and Achievement
To provide opportunities concerning the
Education to Children by their parents