2. Write the fundamental rights of Indian constitution and explain in detail.
After the post-independence era, India brought down some very essential fundamental
rights. These rights are guaranteed by the law to every citizen of India. It is important to
know what they are so that no one can be deprived of his/her rights.
1.Right to Equality: This right states that all citizens are the same under the law. This
means that men and women are equal no matter what religion or caste they belong to.
The law will treat a Brahmin woman in the same way that it would treat a Muslim man
if they were to break the law. The types of equality are as follows:
•Natural
•Social
•Civil
•Economic
•Political
•Legal
3. 2. Right to Freedom: The particular law allows the people of the country to ensure the
government and its policies. They are allowed to organise themselves however they choose
and carry out their daily lives in any way they seem fit. Of course within limits. In short,
people are able to exist without fear of a higher force such as the government.
Article 19 - Freedom to the following concerns.
1.Right to freedom of expression
2.Right to freedom of assembly without arms
3.Right to freedom of movement throughout the territory of our country
4.Right to freedom of association
5.Right to freedom to practice any profession
6.Right to freedom to reside anywhere within the territory of the country
However, these rights have their restrictions.
4. 3. Right against Exploitation: One should always remember that to be exploited is to be misused. We often
see that kids and poor people are especially vulnerable to being exploited. This one of the most important
fundamental rights ensures things like education for children and equal pay for equal work.
Article 23 - It regulates the prohibition of traffic and forced labour.
1.It implies the misuse of others’ services or labour without payment.
2.Labour without payment is known as begar.
3.One cannot force anyone to engage in labour against his/her will.
4.Forced labour is forbidden by the constitution.
5.The article makes trafficking unconstitutional.
6.Trafficking refers to buying and selling of men and women for illegal and offensive activities.
Article 24 - Prohibition of employment of children in factories.
It says no child below the age of 14 is allowed to be employed to work in any of the factories or indulge in
any hazardous employment.
The following laws were passed in pursuance of Article 24:
1.The factories act, 1948.
2.The Mines Act, 1952.
3.The Child Labour (Prohibition and regulation act 1986).
4.Child Labour Act 2016.
5.Child Labour Amendment Rules, 2017.
5. 4. Right to Freedom of Religion: In our country, each and every citizen can
practice their choice of religion. Everyone is free to do whatever his/her religion
tells them to do. So Muslims fast during Ramzan, Christians during Lent and
Hindus during Navaratri. However, in following our religion we should not forget
that other people are free to follow theirs and that this is no reason to fight.
Article 26 - Freedom to manage religious affairs.
Article 27 - Freedom to payment of taxes for promotion of any particular
religion.
Article 28 - Freedom to attendance at religious worship in certain educational
institutions.
6. 5. Cultural and Educational Rights: The main aim of this law is to protect minorities.
We have multiple groups of people who are very less in number. They mostly live in
remote areas or have been downtrodden by the old-fashioned society. We can include
certain castes and tribes who live in jungles, away from developed big cities and towns.
Even a particular segment of the public, called Dalits or the small religious groups like the
Parsis do come under minorities. All these people have a fundamental right to enjoy all the
benefits that the majority of citizens enjoy.
Article 29(1) provides all citizens residing in India with distinct cultures, languages, and
scripts. This right is absolute and consists of no reasonable restriction in the interest of the
general public.
Article 29(2) states that the state shall not deny any admission to an educational institution
to any person based on caste, creed, colour, race, or religion. This right is for individuals
and not any community.
Article 30 states the rights of minorities to establish and administer Educational
Institutions.
7. 6. Right to Constitutional Remedies: This right is very important for the
legal development of the citizens and the country. All citizens have equal
right to appeal to the court of law for justice. If they feel they have a threat
to life or property or to join the government in order to effect this change.
8. Significance of Fundamental Rights
The fundamental rights are necessary for democracy because they protect the citizens from
the government.
They ensure that the government cannot abuse its power and that the citizens are treated
fairly.
The Indian Constitution guarantees several fundamental rights to its citizens. These rights are
aimed at establishing which type of democracy the country is supposed to have whether it be a
Direct, Representative, Constitutional or Monitory Democracy.
The government has to make sure that these rights are protected and that all the citizens have
access to these rights.
The fundamental rights protect the citizens from the government and make sure that they are
treated fairly. They also establish the type of democracy that India is supposed to have.
The government has to ensure that these rights are protected and that all the citizens have
access to them.
The fundamental rights are important because they protect the citizens from the government.
9. Conclusion
The equally Fundamental Rights in India are a set of guarantees given to citizens in the
Constitution of India.
These rights are significant because they ensure that all individuals in India are treated and
fairly under the law.
There are six fundamental rights recognized by the Indian government, and each one is
vital for protecting the individual liberties of Indian citizens. While these rights have been
amended over time, they continue to provide a strong foundation for democracy in India.
Students should learn about these rights, so they can be better informed about their country’s
legal system and what protections they have as citizens.
10. Ques 1: Which one of the following statements is correct?
•Rights are claims of the State against the citizens.
•Rights are privileges that are incorporated in the Constitution of a State.
•Rights are claims of the citizens against the State.
•Rights are privileges of a few citizens against the many.
Ques 2: In the context of India, which one of the following is the correct relationship
between Rights and Duties?
•Rights are correlative with Duties.
•Rights are personal and hence independent of society and Duties.
•Rights, not Duties, are important for the advancement of the personality of the citizen.
•Duties, not Rights, are important for the stability of the State.
Ques 3: Right to vote and to be elected in India is a
•Fundamental Right
•Natural Right
•Constitutional Right
•Legal Right
Ques 4: One of the implications of equality in society is the absence of
•Privileges
•Restraints
•Competition
•Ideology
11. Fundamental Duties of Indian Citizens
Need For Fundamental Duties
India is a country where people belonging to different castes,
creed, religion, sects etc.
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.
The Fundamental Duties help to regulate the behaviour of
the citizens and to bring about excellence in all the spheres
of the citizens.
It reminds the citizens that rights and duties go hand in hand.
12. 51A. Fundamental duties.—It shall be the duty of every
citizen of India—
(a) to abide by the Constitution and respect its ideals and
institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our
national struggle for freedom
(c) to uphold and protect the sovereignty, unity and integrity of
India
(d) to defend the country and render national service when
called upon to do so
(e) to promote harmony and the spirit of common brotherhood
amongst all the people of India transcending religious,
linguistic and regional or sectional diversities; to renounce
practices derogatory to the dignity of women
(f) to value and preserve the rich heritage of our composite
culture
13. (g) to protect and improve the natural environment including
forests, lakes, rivers and wild life, and to have compassion for
livingcreatures
(h) to develop the scientific temper, humanism and the spirit of
inquiry and reform
(i) to safeguard public property and to abjure violence
(j) to strive towards excellence in all spheres of individual and
collective activity so that the nation constantly rises to higher
levels of endeavour and achievement
(k) who is a parent or guardian to provide opportunities for
education to his child or, as the case may be, ward between the
age of six and fourteen years.
14. Verma Committee:Verma Committee
•The committee was setup in 1999.
The Verma Committee (1999) identified the existence of following legal
provision
•Prevention of insults to National Honour Act (1971)
•Protection of Civil Right Act (1955)
•Representation of people Act (1951)
•Wildlife Protection Act (1972) and Forest Conservation Act (1980)
15. Swaran Singh Committee on Fundamental Duty
•It opined that in addition to enjoyment of certain rights by the
citizens they also have certain duties to perform as well. This
recommendation was accepted by the government
•A new section Part IVA was added and only one article was
inserted in it
Some recommendations of the committee which were not
accepted include
•Parliament may provide for any penalty for failure to adhere to any
FD
•No law imposing such penalty could be questioned in the court
•Duty to pay taxes should also be a fundamental duty of the citizens
16. Criticism of Fundamental Duties
•They are made non-justiciable in nature
•Important duties such tax-paying, family planning etc are not
covered
•Vague and ambiguous provisions which are difficult to be
understood by a common man
•Superfluous provisions since they would generally be
followed even if they were not included
•Inclusion as an appendage to the constitution reduces the
value and intent behind FD
17. Fundamental Rights and Fundamental Duties
Fundamental Rights and Fundamental Duties are inter-related and
one can’t exist without the other.
“Fundamental rights can be defined as privileges granted to
each individual of the country to enjoy and the Fundamental
Duties are the moral responsibilities which one needs to carry
out in order to respect the rights of another individual and
perform social obligations,” says Advocate Manuj Chadha.
18. Fundamental Rights Fundamental Duties
Fundamental Rights are the
freedoms guaranteed by the
constitution which can’t be taken
away from a citizen.
Fundamental Duties are the legal
responsibilities bestowed upon the
citizens to perform.
Fundamental Rights are considered
to be the normative rules of liberty
and freedom for every citizen in
order to achieve a harmonious and
a free lifestyle
Fundamental Duties are the moral
responsibilities of all the citizens that
need to be performed by them in order
to achieve prosperity and uphold the
unity of the nation.
Fundamental Rights are universally
available to all citizens regardless of
their race, caste, religion, sex or
place of birth and are justiciable in
nature, i.e. they can be taken to the
court of law.
Fundamental Duties are non-justiciable
and hence can’t be taken to the court of
law.
19. Conclusion:
Fundamental duties are the moral obligations of all citizens to
help promote a spirit of patriotism and to uphold the unity of
India.
The significance of Fundamental Duties is not diminished by the
fact that there is no punishment prescribed for not following
them.
Fundamental Duties constitute the conscience of our
Constitution; they should be treated as constitutional values that
must be propagated by all citizens.
20. Q1. Which Fundamental Duty was added by the 86th Amendment Act?
Ans. The Fundamental Duty established by the 86th Amendment Act
compels citizens to offer educational opportunities for their children or
wards aged six to fourteen years.
Q2. Which committee proposed adding fundamental duties to the
Indian Constitution?
Ans. In 1976, the Swaran Singh Committee suggested that Fundamental
Duties be added to the Constitution.
Q3. Which amendment act added 10 fundamental duties to the Indian
Constitution?
Ans. The 42nd Amendment Act of 1976 established 10 fundamental duties.
Q4. The Fundamental Duties in the Indian Constitution are inspired by
the Constitution of which country?
Ans. The Fundamental Duties in the Indian Constitution are inspired by the
Constitution of the erstwhile USSR.
Q5. Why Fundamental Duties are framed?
Ans. The Fundamental Duties are regarded as the moral obligations of all
people to encourage patriotism and protect India's unity. These
responsibilities, outlined in Part IV-A of the Constitution by the 42nd
Constitutional Amendment Act in 1976, apply to both individuals and the
nation.1
21. 1. In the Indian Constitution, Fundamental Duties are given in which article?
(A) Article 12 to 35
(B) Article 51A
(C) Article 36 to 50
(D) Article 19
Explanation: The Fundamental Duties are dealt with Article 51A under Part-IV A of the Indian
Constitution.
2. Which of the following statements is false?
(A) Fundamental Duties are given in Part IV of the Constitution
(B) After the 42nd constitutional amendment Fundamental Duties have been added to
the Constitution of India.
(C) In 2002, after the 82nd Constitution Amendment Act, another Fundamental
Duty was added.
(D) Public Representation Act, Built in1951.
Explanation: In 2002, the 86th Constitutional Amendment Act inserted Article 21-A in
the Constitution of India.
3. Which of the following committee advocated the Fundamental Duties in
the Indian constitution?
(A) Verma Committee
(B) Sarkaria Committee
(C) Balwantrai Mehta Committee
(D) Swaran Singh Committee
Explanation: Swaran Singh Committee recommended the inclusion of fundamental duties in
the Indian Constitution. It stressed that the citizens should become conscious that in addition to
the enjoyment of rights, they also have certain duties to perform as well.
22. 4 The Constitution of India adopted Fundamental Duties from the
Constitution of ....
(A) America
(B) Japan
(C) Russia
(D) Britain
Explanation: The Constitution of India adopted Fundamental Duties from
the Soviet Constitution(USSR) which is now called Russia.
5. When Fundamental Duties were added in the Constitution of India?
(A) 1976
(B) 1965
(C) 1970
(D) 1992
Explanation: The Fundamental Duties were added in 1976 in the Indian Constitution.
There were originally ten Fundamental Duties while the eleventh one was added
eleven by the 86th Amendment in 2002.
6. At present how many Fundamental Duties are in the Constitution of India?
(A) 6
(B) 7
(C) 10
(D) 11
Explanation: There are eleven Fundamental Duties in the Indian Constitution.
23. 7. Which of the following is not the Fundamental Duty?
(A) Safeguarding public property
(B) To obey the parents
(C) To make compulsory education to children of 6 to 14 years
(D) To spread brotherhood among the people
Explanation: To obey the parents is not a Fundamental Duty of the citizens of India.
8. Which Constitutional Amendment Act was passed to provide compulsory education to
children between 6 and 14 years?
(A) 82nd
(B) 83rd
(C) 86th
(D) 84th
Explanation: 86th Constitutional Amendment Act in 2002 inserted Article 21-A in the Constitution
of India to provide free and compulsory education of all children in the age group of six to fourteen
years.
9. Which of the following is not matched correctly?
(A) Forest Conservation Act: 1980
(B) Wildlife Protection Act: 1974
(C) Public Representation Act: 1951
(D) Civil Duties Protection Act: 1955
Explanation: Wildlife Protection Act was passed in 1972 to protect plants and animals.
24. 10. When was the 'Prevention of Insults to National Honour Act' passed?
(A) 1976
(B) 1972
(C) 1974
(D) 1971
Explanation: The Prevention of Insults to National Honour Act was passed in 1971. The
Act prohibits the desecration of or insults to the country's national symbols, including the
national flag, national emblem, national anthem, the constitution, and map of India
including contempt of the Indian constitution.
