Fundamental Rights and Duties in Indian Constitution

  • Part III of the constitution outlines the Fundamental Rights of Indians in a detailed manner. It also list six types of freedoms and provides for their limitation in special times like emergency. These rights are justiciable, protect weak against discrimination and exploitation, and safeguard minority’s cultural rights.
  • Some rights are negative in the sense that they impose restrictions on a state and thereby, protect the rights and freedoms of people.Positive rights are those that permit citizens to enjoy certain freedoms. Some freedoms are not available to alien citizens. The constitution not only grants but also guarantees Fundamental Rights.
  • There are six kinds of Fundamental rights in Indian constitution. They are right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights and right to constitutional remedies. The list of fundamental rights in Indian constitution does not include social and economic rights. It grants civil rights and freedoms.
  • For eradicating the evil practice of untouchability in India, the constitution abolishes it.Elimination of right to property has contributed towards equality and development. Indian constitution can be amended by the procedures laid down in Article 368.
  • Supreme Court asserts that the basic structure of the fundamental rights even the Parliament cannot change.Fundamental rights embody the aspirations of founding fathers of republic.
  • Rights and duties always go together. Forty second amendment has also incorporated a list of fundamental duties.
  • Article 51A was amended by 86th constitutional amendment Act 2002, for incorporating right to education as a fundamental right and to made fundamental duty of parents to send their children to schools.

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  • Q1

    Which provisions of the Indian Constitution deals with the 'Right to Freedom'.

    Marks:4
    Answer:

    Article 19 to 22 of Indian constitution deals with the '' Right to Freedom '', through which Indian citizens are granted freedom to

    . Speech and expression.

    . Assemble peacefully.

    . Form association.

    . Move freely throughout the territory of India.

    . Reside and settle in any part of India.

    . Practice any profession or to carry on any occupation, trade or business.

    Article 20
    Protection in respect of conviction of offences.
    Article 21
    Protection of life and personal liberty.
    Article 22
    Protection against arrest and detention in certain cases.

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  • Q2

    The essence of democracy is found in which part of the Indian Constitution.

    Marks:4
    Answer:

    The essence of democracy is found in parts III and IV of the Indian Constitution, which laid down the '' Fundamental Rights'' and '' Directive Principles of State Policy''. The rights contain the well-known negative rights of European and American origin. The Directive Principles of State Policy were to be '' fundamental in the governance of the country''. They contain a mixture of social revolutionary prespective. Although not justiciable, but are the yardsticks for the measurement of government success and failure in social policy.

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  • Q3

    Write a short note on the right to equality.

    Marks:4
    Answer:

    Right to Equality (Article 14-18) is one of the important Fundamental Rights of the Indian constitution. Lets find out the details of these articles.
    Article 14-
    Equality before law.
    Equal protection of law.
    Article 15-
    Prohibition on discrimination on ground of religion, caste, race, gender or birth.
    Equal access to shops, public restaurants, bathing ghats etc.
    Article 16-
    Equality of opportunity for all citizens of India in matters related to employment.
    Article 17-
    The untouchability has been abolished and any practice of it will be an offence punishable in accordance with law.
    Article 18-
    The state shall not confer any title except military and academic distinctions. No citizen of India will accept any title from any foreign state.
    So ‘right to equality’ includes every aspect of human life which can be affected by the society. It contains a theme of an egalitarian society, in which all men are equal as per law and have equal opportunities to develop their personality and potential.

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  • Q4

    What are Fundamental Rights?

    Marks:2
    Answer:

    Fundamental Rights are those basic conditions of social life which are essential for an individual for his all-round development. These rights are basic to the principles of democracy. They constitute a number of freedoms which enables citizens to develop their talents by giving them opportunities for self-development. The Constitution of India provides a number of provisions dealing with fundamental rights. These provisions are set out in Article 12 to 35 in Part III of the Constitution.

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  • Q5

    Mention any four fundamental duties enshrined in the Indian constitution.

    Marks:2
    Answer:

    The two fundamental duties enshrined in the Indian constitution are as follows:-
    a. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
    b. To uphold and protect the sovereignty, unity and integrity of India.
    c. To value and preserve the rich heritage of our composite culture
    d. To develop the scientific temper, humanism and the spirit of enquiry and reform.

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