Fundamental Rights Complement Fundamental Duties.

 

History Assignment

 

Fundamental Rights Complement Fundamental duties

 

Introduction

 

 

In India, fundamental rights and fundamental duties are two essential components of the Constitution that work in tandem to uphold the principles of justice, equality, and social harmony. The Indian Constitution, adopted in 1950, enshrines a comprehensive list of fundamental rights that safeguard the individual liberties and freedoms of its citizens. Simultaneously, it also outlines a set of fundamental duties that emphasize the responsibilities citizens have towards the nation and its people.

Fundamental rights in India include the right to equality, right to freedom of speech and expression, right to life and personal liberty, right against discrimination, right to freedom of religion, and various other protections. These rights form the bedrock of democracy, ensuring that every Indian citizen is treated fairly and has the freedom to express themselves, practice their religion, and live a dignified life. The fundamental rights are justiciable, meaning citizens can seek legal remedies if these rights are violated by the state or any other entity.

Complementing these fundamental rights are the fundamental duties laid down in the Indian Constitution. These duties highlight the obligations of Indian citizens towards their country, fellow citizens, and the democratic ideals of the nation. Some of the fundamental duties include respecting the national flag and the national anthem, promoting harmony and the spirit of common brotherhood, safeguarding public property, protecting the environment, and striving for excellence in various spheres of life.

The concept of fundamental duties was added to the Indian Constitution through the 42nd Amendment Act in 1976. These duties serve as a moral and ethical compass, urging citizens to actively participate in the development and progress of the country. While the fundamental duties are not legally enforceable, they serve as guiding principles to foster a sense of civic responsibility and national consciousness among the citizens.

The harmonious interplay between fundamental rights and fundamental duties in India is crucial for the functioning of a vibrant democracy. While fundamental rights empower individuals and protect them from any infringement on their liberties, fundamental duties remind citizens of their role in preserving the unity and integrity of the nation. By fulfilling their fundamental duties, citizens contribute to the overall welfare of society, ensuring that the rights and freedoms of all individuals are upheld.

 

Fundamental Rights

 

Fundamental rights in India are a set of essential rights guaranteed to all citizens by the Constitution. These rights ensure that every individual is treated with dignity, equality, and fairness. They form the bedrock of a democratic society and play a crucial role in upholding the principles of justice and freedom.

The fundamental rights in India encompass various aspects of human life, such as equality before the law, freedom of speech and expression, right to life and personal liberty, freedom of religion, and protection against discrimination. These rights are enshrined in Part III of the Constitution and are available to all citizens regardless of their caste, religion, gender, or social status.

Sources of fundamental rights

 

               The Framers of our constitution drew inspiration from the declaration of rights of man and citizen of revolutionary France and the Bill of Rights of the American Constitution.

 

Reason for Inclusion of fundamental Rights

            India is a large country with a diverse population including Scheduled Castes, Scheduled Tribes, religious minorities as well as other weaker sections. There was a fear of domination of the minority by the majority. So it was considered imperative to provide adequate safeguards for the rights of the minorities and weaker sections, to ensure successful functioning of the democracy. In the Objective Resolution passed on 13 December, 1946, by the Constituent Assembly, Jawaharlal Nehru outlined the objectives of the Constitution as a sovereign, democratic republic which would guarantee equality, justice and freedom to all its citizens. From the Objective Resolution emerged the concept of Fundamental Rights.

 

CLASSIFICATION OF FUNDAMENTAL RIGHTS

 

          Our Constitution in the beginning bestowed seven Fundamental Rights on us. They are:

1.     Right to Equality

2.     Right to Freedom

3.     Right against Exploitation

4.     Right to Freedom of Religion

5.     Cultural and Educational Rights

6.     Right to Constitutional Remedies

 

 

1. Right to Equality:

 a. Equality before the law (Article 14): This right ensures that all individuals are treated equally before the law and prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.

b. Prohibition of discrimination (Article 15): This right prohibits discrimination on various grounds, including religion, race, caste, sex, or place of birth, in matters of access to public places, educational institutions, and employment.

c. Equality of opportunity in public employment (Article 16): This right guarantees equal opportunities for all citizens in matters of public employment, without discrimination based on religion, race, caste, sex, descent, place of birth, or residence.

 

2. Right to Freedom:

a. Freedom of speech and expression (Article 19(1)(a)): This right guarantees the freedom to express one's thoughts, opinions, and ideas through speech, writing, or any other medium.

b. Freedom of assembly (Article 19(1)(b)): This right ensures the freedom to peacefully assemble and hold public meetings and processions. c. Freedom of association (Article 19(1)

(c) This right allows citizens to form associations or unions freely. d. Freedom of movement (Article 19(1)

(d): This right grants the freedom to move freely throughout the territory of India.

e. Freedom of residence and settlement (Article 19(1).  This right provides the freedom to reside and settle in any part of India. f. Freedom of profession, occupation, trade, or business (Article 19(1)

(g)): This right guarantees the freedom to choose and practice any profession, occupation, trade, or business.

Limitations : The Right to Freedom is not, however, absolute. In the interest of the sovereignty and integrity of India, the security of the State, public order, decency or morality, certain limitations can be imposed on the exercise of this right and sometimes a person can be detained and even arrested. Various laws passed by the Parliament like ‘MISA’ (Maintenance of Internal Security Act), ‘ESMA’ (Essential Services Maintenance Act), Prevention Detention Act, have impose certain restrictions on the exercise of this Right to Freedom.

 

3. Right against Exploitation:

a. Prohibition of forced labor (Article 23): This right prohibits forced labor or any form of compulsory labor.

 b. Prohibition of child labor (Article 24): This right prohibits the employment of children below a certain age in hazardous industries.

 

4.Right to Freedom of Religion:

a. Freedom of conscience and free profession, practice, and propagation of religion (Article 25): This right grants individuals the freedom to follow, practice, and propagate any religion of their choice.

b. Freedom to manage religious affairs (Article 26): This right allows religious denominations or groups to manage their religious affairs independently.

 

5.Cultural and Educational Rights:

 a. Protection of interests of minorities (Article 29): This right ensures the protection of the educational, cultural, and linguistic rights of religious and linguistic minorities.

 b. Right to education (Article 21A): This right guarantees free and compulsory education for children between the ages of 6 and 14 years.

 

6.Right to Constitutional Remedies:

a. Right to move the Supreme Court (Article 32): This right enables individuals to directly approach the Supreme Court for the enforcement of their fundamental rights.

b. Right to seek legal remedies (Article 32 and Article 226): These rights empower individuals to seek legal remedies in case of violations of their fundamental rights.

 

Fundamental Duties Top of Form

                    As an Indian citizen, certain rights and duties are provided to us. The duty of every citizen is to abide by the laws and perform his/her legal obligations. A person should always be aware of his/her fundamental duties. 11 fundamental duties are laid down by the Indian Constitution.

 

Origin and scope of fundamental duties

                             On the recommendations of the Swaran Singh Committee, the fundamental duties were added by the 42nd Amendment, 1976 in our Indian Constitution. The fundamental duties were originally 10 in numbers but in 2002, the 86th Amendment increased its number to 11. The 11th duty made it compulsory for each and every parent and guardian to provide the educational opportunities to their child who is more than 6 years but less than 14 years of age. These duties are borrowed from the Constitution of Japan.

 

 

Fundamental duties taken from

           

              The fundamental duties are taken from the USSR (Russia) constitution. The addition of fundamental duties in our constitution have brought our constitution aligned with the Article 29(1) of the Universal Declaration of Human Rights and with various provisions of the modern constitution of other countries.

 

Classification of Fundamental Duties

 

                  Only one Article that is Article -51A is there in Part-IV-A of the Indian Constitution that deals with fundamental duties. It was added to the Constitution by the 42nd Amendment Act, 1976. For the first time, a code of 11 fundamental duties was provided to the citizens of India. Article 51-A states that it is the duty of every citizen of India:

1.     To respect the Constitution, it’s ideals and institutions, the National Flag and National Anthem–Ideals like liberty, justice, equality, fraternity and institution like executive, the legislature, and the judiciary must be respected by all the citizens of the country. No person should undergo any such practice which violates the spirit of the Constitution and should maintain its dignity. If any person shows disrespect to the National Anthem or to the National Flag then it will be a failure as a citizen of a sovereign nation.

2.     The noble ideas that inspire the national struggle to gain independence, one should cherish them– Every citizen must admire and appreciate the noble ideas that inspired the struggle of independence. These ideas focus on making a just society, a united nation with freedom, equality, non-violence, brotherhood, and world peace. A citizen must remain committed to these ideas.

3.     One should protect and uphold the sovereignty, unity and integrity of India– This is one of the basic duties that every citizen of India should perform. A united nation is not possible if the unity of the country is jeopardized. Sovereignty lies with the people. Article 19(2) of the Indian Constitution put reasonable restrictions on the freedom of speech and expression in order to safeguard the interest and integrity of India. 

4.     One should respect the country and render national service when called upon–Every citizen should defend the country against the enemies. All the citizens apart from those who belong to the army, navy etc should be ready to take up arms in order to protect themselves and the nation whenever the need arises.

5.     One should promote harmony as well as the spirit of common brotherhood amongst the citizens of India, transcending religious, linguistic, regional or sectional diversities and to renounce practices that are derogatory to the dignity of the women– Presence of one flag and single citizenship not only reflects the spirit of brotherhood but also directs the citizen to leave behind all the differences and focus on collective activity in all spheres.

6.     One should value and preserve the heritage of our composite culture– India’s culture is one of the richest heritages of the earth. So, it is compulsory for every citizen to protect the heritage and pass it on to future generations.

7.     One should protect and improve the natural environment including forests, lakes, rivers, wildlife and a citizen should have compassion for living creatures–  Under Article 48A this duty is provided as a constitutional provision also. The natural environment is very important and valuable for each and every country. So each and every citizen should make efforts in order to protect it.

8.     One should not only develop the scientific temperament and humanism but also the spirit of inquiry and reform– For his/her own development it is necessary for a person to learn from the experiences of others and develop in this fast-changing environment. So one should always try to have a scientific temperament in order to adjust with these changes.

9.     One should always safeguard public property and abjure– Due to unnecessary cases of violence that occurs in a country which preach for non-violence, a lot of harm has already been done to the public property. So, it is the duty of every citizen to protect the public property.

10.One should always strive towards excellence in all spheres of life and also for the collective activity so that the nation continues with its endeavor and achievements– In order to ensure that our country rises to a higher level of achievement, it is the basic duty of every citizen to do the work that is given to him/her with excellence. This will definitely lead the country towards the highest possible level of excellence.

11.One should always provide the opportunity of education to his child or ward between the age of six to fourteen years– Free and compulsory education must be provided to the children who belong to 6 to 14 years of age and this has to be ensured by the parents or guardian of such child. This was provided by the 86th Constitutional Amendment Act, 2002.

 

Conclusion

 

            
In conclusion, fundamental rights and fundamental duties form an integral and interconnected framework in India. While fundamental rights grant individuals certain freedoms and protections, fundamental duties emphasize the responsibilities and obligations citizens have towards the nation and society. The two concepts work hand in hand to foster a harmonious and inclusive society.

 

Fundamental rights provide individuals with the freedom to express themselves, practice their religion, seek education, and enjoy equal treatment. These rights empower citizens to participate in the democratic process, challenge injustices, and protect their individual liberties. They are essential for upholding the principles of democracy, equality, and human dignity.

 

On the other hand, fundamental duties remind citizens of their role in nation-building and social progress. They encourage individuals to uphold the values enshrined in the Constitution, contribute to the welfare of the nation, and respect the rights and dignity of others. By fulfilling their fundamental duties, citizens actively engage in creating a harmonious and inclusive society where the rights of all are respected.

Fundamental rights and fundamental duties are interdependent and complementary. While fundamental rights ensure that individuals' freedoms and liberties are protected, fundamental duties inspire citizens to exercise their rights responsibly, with consideration for the well-being and rights of others. Together, they establish a balance between individual rights and collective responsibilities, fostering a sense of citizenship, social cohesion, and nation-building.

It is through the synergy of fundamental rights and fundamental duties that individuals can exercise their freedoms while fulfilling their obligations towards the nation and society. The harmonious coexistence of these two principles is essential for the progress, development, and well-being of both individuals and the nation as a whole.

 

 

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