Monday, 20 June 2022

Fundamental Rights and Duties

Fundamental Rights and Duties

To ensure the overall development of citizen, the Fundamental Rights have been provided in the part III (Article 12-35) of the Constitution.

According to Article 13 of the Constitution, the Fundamental Rights cannot be modified or limited in any way except by the procedure of Constitutional Amendment.

The Fundamental Right are justiciable, i.e., they are protected by the judiciary in case of their violation. The Fundamental Rights are not unlimited or absolute.

The “State” can impose reasonable restrictions on their operation.

For the purpose of part III, the “State” means Central government, provincial government, and local authorities under the government (Article 120).

The individuals can directly approach the Supreme Court or High Court for the protection of their Fundamental Rights. Under the Right to Constitutional Remedies, both Supreme Court and High Court can issue writs of Habeas Corpus, Mandamus, Quo-warranto, Prohibition and Certiorari.

The Right to Constitutional Remedy has been described by Dr. Ambedkar as the soul of the Constitution .

Seven Fundamental Rights were provided in the original Constitution. But the right to property has been replaced as Fundamental Right and has been covered into an ordinary legal right under Article 300 by the 44th Amendment in 1978. Consequently, at present, there are only six Fundamental Rights.

The Six Fundamental Rights are: Right to Equality, Right to Freedom, Right against Exploitation, Right to Religious Freedom, Cultural and Educational Rights and Right to Constitutional Remedies.

Right to freedom contains six freedom.

Fundamental Rights are generally suspended during operations of National Emergency. Right to Freedom under Article 19 is automatically suspended. Other rights may be suspended by a declaration of the President to the effect.

But rights to life and personal liberty under Article 20 and 21 cannot be suspended even during National Emergency.

 Fundamental duties were not provided in the original Constitution.

Ten Fundamental Duties were added by the 42nd Amendment in 1976 in Article 51a of part IVA along with Directive Principles of State Policies.

Like Directive Principles of State Policy, The Fundamental Duties are also non justiciable. However, they can be enforced by the government through enactment of laws by appropriate Legislatures.

  1. Right to Equality

 Equality before the law and equal protection of law (Article 14).

 Prohibition of discrimination on Grounds of religion etc. (Article 15)

Equality of opportunity regarding employment (Article 16)

Abolition of untouchability (Article 17)

  1. Right to Freedom

 Freedom of speech and expression, assembly, movement, residence and settlement, profession (Articles 19).

Protection is respect of conviction for offences (Article 20).

Protect to life and liberty (Article 21).

Protection against arrest and detention in certain cases (Article 22)

  1.  Right against Exploitation

Prohibition of traffic in human beings and forced labour (Article 23).

Prohibition  of employment of children in hazardous employment (Article 24).

  1. Right to Freedom of Religion 

Freedom of conscience and free profession (Article 25) 

Freedom to manage religious affairs (Article 26)

Freedom as to payment of taxes for promotion of any particular religion (Article 27) 

  1. Cultural and Educational Rights

Protection of language, script and culture of minorities (Article 29).

Right of minorities to establish and administer educational institutions (Article 30).

  1. Right to Constitutional Remedies

 Remedies for enforcement of the Fundamental Rights conferred by this part: writs of Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-warranto (Article 32).

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