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RIGHTS AND DUTIES
Learning Objectives:
Understanding the Fundamental Rights and Duties under the Indian
Constitution
TOPICS
•1.1 Fundamental Rights and their
limitations (1 Hour)
•1.2 Fundamental Duties and their
significance (1 Hour)
•1.3 Directive Principles of State Policy
(DPSP) (1 Hour)
FUNDAMENTAL RIGHTS
1.1 Fundamental Rights and their limitations
- List of Fundamental Rights
- Limitations of Fundamental Rights
- Protection of Fundamental Rights when violated
FUNDAMENTAL RIGHTS IN THE CONSTITUTION
FUNDAMENTAL RIGHTS IN THE CONSTITUTION
LIST OF FUNDAMENTAL RIGHTS
LIST OF FUNDAMENTAL RIGHTS
LIST OF FUNDAMENTAL RIGHTS
LIST OF FUNDAMENTAL RIGHTS
KEY NOTES ABOUT FUNDAMENTAL RIGHTS
KEY NOTES ABOUT FUNDAMENTAL RIGHTS
KEY NOTES ABOUT FUNDAMENTAL RIGHTS
(86th Constitutional Amendments Act’ 2002)
KEY NOTES ABOUT FUNDAMENTAL RIGHTS
KEY NOTES ABOUT FUNDAMENTAL RIGHTS
KEY NOTES ABOUT FUNDAMENTAL RIGHTS
KEY NOTES ABOUT FUNDAMENTAL RIGHTS
LIMITATIONS
The prescribed limitations of Fundamental
Rights are in the interest of public good, social
reforms, public order, morality and the safety of
the state.
The constitution allows the state to impose 'reasonable restrictions' on
certain rights, but the 'reasonableness' of the restrictions is a justiciable
matter.
LIMITATIONS- NEITHER UNIVERSAL NOR ABSOLUTE
• Fundamental rights are not universal in application. Some of the
fundamental rights and the extent of their enjoyment can be
restricted or even abrogated by Parliament under Art. 33.
Thus the rights of the citizens in the armed forces or the forces in
charge with the maintenance of public order can be restricted or
abrogated.
• Fundamental rights are not absolute as they are clearly defined in
their scope as well as limitations.The prescribed limitations are in
the interest of public good, social reforms, public order,
morality and the safety of the state. The constitution allows the
state to impose ‘reasonable restrictions’ on certain rights, but the
‘reasonableness’ of the restrictions is a justiciable matter.
LIMITATIONS- CITIZENS VS NON-CITIZENS
• Some of the rights like ‘equality before law and equal protection
of laws’ (Art. 14), protection of life and personal liberty (Art.
21), protection in respect of conviction for offences (Art.20), free and
compulsory education for all children of 6-14 years (Art.21 A),
Protection against arrest and detention in certain cases (Art.22),
freedom of religion (Art.25-28), etc are available to all persons
whether citizens or not.
• But rights like the right to equality of opportunity in
employment (Art.16), protection from discrimination on
grounds only of religion, race, caste sex and place of birth (Art.15) and
freedom of speech and expression, assembly, association, movement,
residence and profession (Art. 19).
FUNDAMENTAL RIGHTS ARE JUSTICIABLE
• If any of these rights is violated, the individual affected is entitled to move
the Supreme Court or High Court for the protection and enforcement
of her/his rights.
• Fundamental rights can also be suspended during an emergency, except
the right to life.
• Apart from fundamental rights, there are two other kinds of rights flowing from
other parts of the Constitution: Constitutional rights and legal rights.
i. Constitutional rights are created by imposition of restrictions upon
the state on its claims upon the citizens-e.g. Art. 265 forbids levying and
collection of taxes except by the authority of law;Art. 300A provides that no
person shall be deprived of her/his property save by the authority of law.
ii. Legal rights flow from statutes based upon the Constitution but not
directly from it.A legal right is created by an ordinary law and can be taken
away by changing the law.
COMPARISON OF FR- INDIA VS USA
• The US Constitution states the rights in a very crisp and unqualified language.
The conditions or the limits on the rights are not mentioned in the constitution. It is the
judiciary which elaborates the limitations or places conditions on the rights stated in the
constitution.
• On the other hand, in the Indian Constitution most of the fundamental rights are
stated in qualified terms, like ‘subject to public order’,‘social reforms’ and ‘morality’.
Though there is a very limited role for judicial determination, nonetheless the
judiciary is frequently required to interpret the articles on fundamental rights in
the light of the qualifications attached to them.
• Another difference is that while the Indian Constitution provides for both
individual and group rights its American counterpart grants only individual rights.
• The constitution makers of the USA were guided by the 18th century laissez faire
doctrine but the constitution makers of India were guided by the welfare philosophy
of the 20th century that held social control over individual rights as essential.
PROTECTION OF FUNDAMENTAL RIGHTS
The fundamental rights are protected by The Judiciary of India and in case of
their violation, a person can approach the Supreme Court directly for justice as
per Article 32 of the constitution.
The Supreme Court (Article 32) and the High Court (Article 226) both
can issue writs in case of the violation of fundamental rights of an aggrieved party.
Statutory institutions like NHRC (National Human Rights Commission) and
NCW (National Commission for Women) are also appointed as watchdogs
for protection of fundamental rights.
PROTECTION OF FUNDAMENTAL RIGHTS
ARTICLE 13
ARTICLE 32
TYPES OF WRITS IN INDIA
Writ of Habeas Corpus - A judicial order to bring a jailed person before a judge or court to find out if that
person should really be in jail.
Writ of Mandamus - A judicial writ from a higher court commanding the performance of a specified official act
or duty.
Writ of Prohibition (Stay Order) - A judicial writ from a higher court ordering a lower court or
officials not to exercise jurisdiction in a particular case.
Writ of Certiorari- In law, certiorari is a court process to seek judicial review of a decision of a lower court
or government agency.
Writ of Quo-Warranto - The literal meaning of the writ of ‘Quo-Warranto’ is ‘By what authority or warrant.’
Supreme Court or High Court issue this writ to prevent illegal usurpation of a public office by a person.Through
this writ, the court enquires into the legality of a claim of a person to a public office.
WRIT JURISDICTION- SUPREME COURT AND HIGH COURT
REINSTATEMENT OF CONSTITUTIONAL VALUES
FUNDAMENTAL DUTIES
1.2 Fundamental Duties and their significance
- List of Fundamental Duties
- Limitations of Fundamental Duties
- Criticism of Fundamental Duties
FUNDAMENTAL DUTIES UNDER THE CONSTITUTION
The fundamental duties of citizens were added to the constitution by the
42nd Amendment in 1976, upon the recommendations of the Swaran
Singh Committee that was constituted by the government earlier that year.
Originally ten in number, the fundamental duties were increased to total
eleven in number by the 86th Amendment in 2002, where eleventh
one being a duty upon parents and guardians to provide opportunities
for education to children aged 6 to 14 years.
The fundamental duties obligate all citizens to respect the national symbols
of India, including the constitution, to cherish its heritage, preserve
its composite culture and assist in its defence.
They also obligate all Indians to promote the spirit of common
brotherhood, protect the environment and public property,
develop scientific temper, abjure violence and strive towards
excellence in all spheres of life.
LIST OF 11 FUNDAMENTAL DUTIES
DETAILED LIST
DETAILED LIST
DETAILED LIST
DETAILED LIST
DETAILED LIST
DETAILED LIST
FUNDAMENTAL DUTIES- THE SOURCE AND THE NEED
IMPORTANCE FUNDAMENTAL DUTIES
FUNDAMENTAL RIGHTS AND DUTIES- COMPARISON AND LIMITATIONS
CRITICISM OF FUNDAMENTAL DUTIES
CRITICISM OF FUNDAMENTAL DUTIES
FUNDAMENTAL DUTIES- THE CONCLUSION
Fundamental Duties were not included in the constitution in the beginning in 1950, as the
framers of our constitution could not come to definite conclusion about the same.
However, some members of the Constituent Assembly, mainly Dr.Ambedkar and few others
were of the opinion that since India has got its Independence very recently, thus it would
not be appropriate to impose any sort of duties on its citizens. Indian people must
experience and evolve through freedom and not through some administrative control.
After over two decades however in 1976, Fundamental Duties were included into the
constitution through 42nd Amendments in order to bring character and discipline in people
in the interest of the nation. India at the time was also under the influence of the then USSR,
from where this idea was taken. It must be noted that these duties were brought in during
the time of Emergency.
However, today over period time we must appreciate and aspire to adhere to these duties
provided in the constitution, which are purposefully not made enforceable in the court to
protect our freedom, but they inspire us to build a character and discipline as responsible
citizens which is necessary to strengthen growth and welfare of the nation.
DIRECTIVE PRINCIPLES
1.3 Directive Principles of State Policy
- Importance and relevance of DPSP
- Conflict between FR’s and DPSP’s
DIRECTIVE PRINCIPLES OF STATE POLICY
THE BACKGROUND AND OBJECTIVE
The Directive Principles of State Policy of India are the
guidelines or principles given to the institutes for
governing the State of India. These are provided in
the Part IV (Article 36-51) of the Constitution of India, are
not enforceable by any court, but the principles laid down
there in are considered 'Fundamental' in the governance of the
country, making it the duty of the State to apply these
principles in making laws to establish a just society in
the country.
THE BACKGROUND AND OBJECTIVE
CLASSIFICATION OF DPSP’S
DIRECTIVES BASED ON SOCIALIST PRINCIPLES
DIRECTIVES BASED ON SOCIALIST PRINCIPLES
DIRECTIVES BASED ON GANDHIAN PRINCIPLES
DIRECTIVES BASED ON LIBERAL-INTELLECTUAL PRINCIPLES
AMENDMENTS
FR’S VS DPSP’S- CONFLICTS
FR’S VS DPSP’S- CONFLICTS
FR’S VS DPSP’S- DEFINING CASES
FR’S VS DPSP’S- THE CONCLUSION
SECTION C ENDS

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RIGHTS AND DUTIES (C).pdf

  • 1. (C) RIGHTS AND DUTIES Learning Objectives: Understanding the Fundamental Rights and Duties under the Indian Constitution
  • 2. TOPICS •1.1 Fundamental Rights and their limitations (1 Hour) •1.2 Fundamental Duties and their significance (1 Hour) •1.3 Directive Principles of State Policy (DPSP) (1 Hour)
  • 3. FUNDAMENTAL RIGHTS 1.1 Fundamental Rights and their limitations - List of Fundamental Rights - Limitations of Fundamental Rights - Protection of Fundamental Rights when violated
  • 4. FUNDAMENTAL RIGHTS IN THE CONSTITUTION
  • 5. FUNDAMENTAL RIGHTS IN THE CONSTITUTION
  • 10. KEY NOTES ABOUT FUNDAMENTAL RIGHTS
  • 11. KEY NOTES ABOUT FUNDAMENTAL RIGHTS
  • 12. KEY NOTES ABOUT FUNDAMENTAL RIGHTS (86th Constitutional Amendments Act’ 2002)
  • 13. KEY NOTES ABOUT FUNDAMENTAL RIGHTS
  • 14. KEY NOTES ABOUT FUNDAMENTAL RIGHTS
  • 15. KEY NOTES ABOUT FUNDAMENTAL RIGHTS
  • 16. KEY NOTES ABOUT FUNDAMENTAL RIGHTS
  • 17. LIMITATIONS The prescribed limitations of Fundamental Rights are in the interest of public good, social reforms, public order, morality and the safety of the state. The constitution allows the state to impose 'reasonable restrictions' on certain rights, but the 'reasonableness' of the restrictions is a justiciable matter.
  • 18. LIMITATIONS- NEITHER UNIVERSAL NOR ABSOLUTE • Fundamental rights are not universal in application. Some of the fundamental rights and the extent of their enjoyment can be restricted or even abrogated by Parliament under Art. 33. Thus the rights of the citizens in the armed forces or the forces in charge with the maintenance of public order can be restricted or abrogated. • Fundamental rights are not absolute as they are clearly defined in their scope as well as limitations.The prescribed limitations are in the interest of public good, social reforms, public order, morality and the safety of the state. The constitution allows the state to impose ‘reasonable restrictions’ on certain rights, but the ‘reasonableness’ of the restrictions is a justiciable matter.
  • 19. LIMITATIONS- CITIZENS VS NON-CITIZENS • Some of the rights like ‘equality before law and equal protection of laws’ (Art. 14), protection of life and personal liberty (Art. 21), protection in respect of conviction for offences (Art.20), free and compulsory education for all children of 6-14 years (Art.21 A), Protection against arrest and detention in certain cases (Art.22), freedom of religion (Art.25-28), etc are available to all persons whether citizens or not. • But rights like the right to equality of opportunity in employment (Art.16), protection from discrimination on grounds only of religion, race, caste sex and place of birth (Art.15) and freedom of speech and expression, assembly, association, movement, residence and profession (Art. 19).
  • 20. FUNDAMENTAL RIGHTS ARE JUSTICIABLE • If any of these rights is violated, the individual affected is entitled to move the Supreme Court or High Court for the protection and enforcement of her/his rights. • Fundamental rights can also be suspended during an emergency, except the right to life. • Apart from fundamental rights, there are two other kinds of rights flowing from other parts of the Constitution: Constitutional rights and legal rights. i. Constitutional rights are created by imposition of restrictions upon the state on its claims upon the citizens-e.g. Art. 265 forbids levying and collection of taxes except by the authority of law;Art. 300A provides that no person shall be deprived of her/his property save by the authority of law. ii. Legal rights flow from statutes based upon the Constitution but not directly from it.A legal right is created by an ordinary law and can be taken away by changing the law.
  • 21. COMPARISON OF FR- INDIA VS USA • The US Constitution states the rights in a very crisp and unqualified language. The conditions or the limits on the rights are not mentioned in the constitution. It is the judiciary which elaborates the limitations or places conditions on the rights stated in the constitution. • On the other hand, in the Indian Constitution most of the fundamental rights are stated in qualified terms, like ‘subject to public order’,‘social reforms’ and ‘morality’. Though there is a very limited role for judicial determination, nonetheless the judiciary is frequently required to interpret the articles on fundamental rights in the light of the qualifications attached to them. • Another difference is that while the Indian Constitution provides for both individual and group rights its American counterpart grants only individual rights. • The constitution makers of the USA were guided by the 18th century laissez faire doctrine but the constitution makers of India were guided by the welfare philosophy of the 20th century that held social control over individual rights as essential.
  • 22. PROTECTION OF FUNDAMENTAL RIGHTS The fundamental rights are protected by The Judiciary of India and in case of their violation, a person can approach the Supreme Court directly for justice as per Article 32 of the constitution. The Supreme Court (Article 32) and the High Court (Article 226) both can issue writs in case of the violation of fundamental rights of an aggrieved party. Statutory institutions like NHRC (National Human Rights Commission) and NCW (National Commission for Women) are also appointed as watchdogs for protection of fundamental rights.
  • 26. TYPES OF WRITS IN INDIA Writ of Habeas Corpus - A judicial order to bring a jailed person before a judge or court to find out if that person should really be in jail. Writ of Mandamus - A judicial writ from a higher court commanding the performance of a specified official act or duty. Writ of Prohibition (Stay Order) - A judicial writ from a higher court ordering a lower court or officials not to exercise jurisdiction in a particular case. Writ of Certiorari- In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Writ of Quo-Warranto - The literal meaning of the writ of ‘Quo-Warranto’ is ‘By what authority or warrant.’ Supreme Court or High Court issue this writ to prevent illegal usurpation of a public office by a person.Through this writ, the court enquires into the legality of a claim of a person to a public office.
  • 27. WRIT JURISDICTION- SUPREME COURT AND HIGH COURT
  • 29. FUNDAMENTAL DUTIES 1.2 Fundamental Duties and their significance - List of Fundamental Duties - Limitations of Fundamental Duties - Criticism of Fundamental Duties
  • 30. FUNDAMENTAL DUTIES UNDER THE CONSTITUTION The fundamental duties of citizens were added to the constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee that was constituted by the government earlier that year. Originally ten in number, the fundamental duties were increased to total eleven in number by the 86th Amendment in 2002, where eleventh one being a duty upon parents and guardians to provide opportunities for education to children aged 6 to 14 years. The fundamental duties obligate all citizens to respect the national symbols of India, including the constitution, to cherish its heritage, preserve its composite culture and assist in its defence. They also obligate all Indians to promote the spirit of common brotherhood, protect the environment and public property, develop scientific temper, abjure violence and strive towards excellence in all spheres of life.
  • 31. LIST OF 11 FUNDAMENTAL DUTIES
  • 38. FUNDAMENTAL DUTIES- THE SOURCE AND THE NEED
  • 40. FUNDAMENTAL RIGHTS AND DUTIES- COMPARISON AND LIMITATIONS
  • 43. FUNDAMENTAL DUTIES- THE CONCLUSION Fundamental Duties were not included in the constitution in the beginning in 1950, as the framers of our constitution could not come to definite conclusion about the same. However, some members of the Constituent Assembly, mainly Dr.Ambedkar and few others were of the opinion that since India has got its Independence very recently, thus it would not be appropriate to impose any sort of duties on its citizens. Indian people must experience and evolve through freedom and not through some administrative control. After over two decades however in 1976, Fundamental Duties were included into the constitution through 42nd Amendments in order to bring character and discipline in people in the interest of the nation. India at the time was also under the influence of the then USSR, from where this idea was taken. It must be noted that these duties were brought in during the time of Emergency. However, today over period time we must appreciate and aspire to adhere to these duties provided in the constitution, which are purposefully not made enforceable in the court to protect our freedom, but they inspire us to build a character and discipline as responsible citizens which is necessary to strengthen growth and welfare of the nation.
  • 44. DIRECTIVE PRINCIPLES 1.3 Directive Principles of State Policy - Importance and relevance of DPSP - Conflict between FR’s and DPSP’s
  • 45. DIRECTIVE PRINCIPLES OF STATE POLICY
  • 46. THE BACKGROUND AND OBJECTIVE The Directive Principles of State Policy of India are the guidelines or principles given to the institutes for governing the State of India. These are provided in the Part IV (Article 36-51) of the Constitution of India, are not enforceable by any court, but the principles laid down there in are considered 'Fundamental' in the governance of the country, making it the duty of the State to apply these principles in making laws to establish a just society in the country.
  • 47. THE BACKGROUND AND OBJECTIVE
  • 49. DIRECTIVES BASED ON SOCIALIST PRINCIPLES
  • 50. DIRECTIVES BASED ON SOCIALIST PRINCIPLES
  • 51. DIRECTIVES BASED ON GANDHIAN PRINCIPLES
  • 52. DIRECTIVES BASED ON LIBERAL-INTELLECTUAL PRINCIPLES
  • 54. FR’S VS DPSP’S- CONFLICTS
  • 55. FR’S VS DPSP’S- CONFLICTS
  • 56. FR’S VS DPSP’S- DEFINING CASES
  • 57. FR’S VS DPSP’S- THE CONCLUSION