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.

• 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.

Kesavananda Bharati vs. State of Kerala

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:

– 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

Fundamental Duties

– 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!