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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