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Fundamental Rights, Fundamental Duties and Directive Principles of State Policy

The document outlines the fundamental rights, fundamental duties, and directive principles of state policy in India. It details the six categories of fundamental rights, including rights to equality, freedom, education, and information, along with corresponding prohibitions against exploitation. It also discusses citizens' duties towards the nation, individual responsibilities, and the government’s obligations to promote welfare through directive principles.

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1 | P a g e G r a d e I X - C i v i c s C h p - F u n d a m e n t a l R i g h t s , F u n d a m e n t a l D u t i e s & D i r e c t i v e P r i n c i p l e s o f S t a t e P o l i c y . Fundamental Rights, Fundamental Duties & Directive Principles of State Policy. Scope & Syllabus: a) Fundamental Rights b) Fundamental Duties c) Directive Principles of State Policy (meaning) A) Fundamental Rights: The rights or freedom guaranteed by Our Constitution and which can be enforced by courts are called as Fundamental rights. The six categories of Fundamental Rights are: 1. Right to Equality 2. Right to Freedom 3. Right against Exploitation 4. Right to Freedom of Religion 5. Cultural & Educational Rights & 6. Right to Constitutional Remedies. {1} Right to Equality: a) Equality before law: Everyone should be treated equally before the law. b) Prohibition of Discrimination:  No one should be discriminated on the basis of caste, religion, race, place of birth.  No one shall be denied to enter shops, public restaurants and palces of entertainment.  No one shall be denied from using wells, bathing ghats, roads maintained by government. Exception: Women & Children and citizens of SC/ST. c) Equality of Opportunity in matters of Public Employment: Everyone should get equal opportunity in matters related to public (government) jobs. Exceptions: reservations for SC/ST, some jobs may require the knowledge of particular language. d)Abolition of Untouchability: Our constitution declares that untouchability is abolished and its practice in any form will be considered as a crime. e) Abolition of Titles: Our constitution ahs abolished titles like Rai Bahadurs and Khan Bahadurs.
2 | P a g e G r a d e I X - C i v i c s C h p - F u n d a m e n t a l R i g h t s , F u n d a m e n t a l D u t i e s & D i r e c t i v e P r i n c i p l e s o f S t a t e P o l i c y . {2} Right to Freedom: Six Freedoms Freedom of speech and Expression Freedom to assemble peacefully without arms Freedom to form Association Right to move freely Freedom to reside & settle in any part of India Right to practise any profession/ occupation
3 | P a g e G r a d e I X - C i v i c s C h p - F u n d a m e n t a l R i g h t s , F u n d a m e n t a l D u t i e s & D i r e c t i v e P r i n c i p l e s o f S t a t e P o l i c y . Preventive Detention (Precautionary Custody):  Detention of a person without trial is called as Preventive Detention.  The objective of Preventive Detention is not to punish a person for doing a crime, rather it is done to stop him from doing a crime (before he does it).  No one can be detained more than 3 months, unless decided by the appointed Board. (The Board generally consists of High Court Judges)  The person who is detained has the right to know the period for which he will be detained, the reason why he is detained and has a right to make a representation against the detention. Right to Education:  Our country will provide free and compulsory education to all children of the age 6 to 14years. This right is placed under Right to Life.  According to this law, 25% of seats will be reserved for weaker sections of the society in private and minority schools.  In case if any expenses occur then it will be taken care by the Centre and the respective State.  Right to Education Act came into force on 1st April, 2010. Right to Information:  This right allows citizens to get information from Public Authorities, Government Offices, Financial Institutions and Public Sector Undertakings (PSUs) in respect of documents and records under their charge.  This right curbs corruption and promote transparency in Government departments.  The Parliament enacted RTI Act in 2005. {3} Right Against Exploitation: a) Prohibition of Traffic in human beings and Forced Labour:  Begar means making a person work against his will (i.e. forcefully) and without paying him anything for that work.  Traffic in human beings means ‘selling men and women like goods’. It includes traffic in women and girls for immoral purposes.  Our constitution has abolished and prohibited begar, traffic in human beings and exploitation in any form. b) Prohibition of employment of Children in Factories etc.
4 | P a g e G r a d e I X - C i v i c s C h p - F u n d a m e n t a l R i g h t s , F u n d a m e n t a l D u t i e s & D i r e c t i v e P r i n c i p l e s o f S t a t e P o l i c y . {4} Right to Freedom of Religion: a) Freedom of free profession and propagation of Religion b) Freedom to manage Religious affairs c) Freedom from paying any kind of tax for maintaining particular religion. d) No Religious Instructions in Institutions maintained out of State funds {5} Cultural and Educational Rights: a) Right to conserve the Language, Script and Culture. b) Right to establish Educational Institutions. {6} Right to Constitutional Remedies:  Rights will be of no use if they aren’t protected. Our Constitution allows us to take help from Supreme Court directly in case if our Fundamental Rights are violated.  Supreme Court and High Court can issue writs or orders to protect or for the enforcement of any of these rights.  Writ: It is a legal document ordering the performance of some action. OR It is an order given by Supreme Court or High Courts in order to protect someone’s fundamental rights. It’s an order asking an individual to do or to stop doing some action. The five writs include: Habeas Corpus Mandamus Writ of Prohibition Writ of Certiorari Quo- warranto • ‘to have body’ • ‘we order to perform a duty’ • ‘we order to stop a duty’ • ‘to be informed of what is going on' • ‘by what order’
5 | P a g e G r a d e I X - C i v i c s C h p - F u n d a m e n t a l R i g h t s , F u n d a m e n t a l D u t i e s & D i r e c t i v e P r i n c i p l e s o f S t a t e P o l i c y . • Habeas Corpus : if someone’s is unlawfully detained • Mandamus : asks an individual of lower court to do an action • Writ of Prohibition: asks a lower court to be in the limits of their authority and not to do something. • Writ of Certiorari: asks a lower court to submit the record of a particular case to higher court. • Quo- warranto : ask a person to show under what authority he hold an office or has given an oder. B) Fundamental Duties: As citizens of India we owe certain duties towards each other and to our country such as to protect the unity & integrity of India & safeguard public property such duties are called as Fundamental Duties. Fundamental Duties enlisted in Our Constitution includes: 1. Duties towards Self and towards one’s Children 2. Duties concerning the Environment 3. Duties towards State & Society 4. Duties towards Nation {1} Duties towards Self and towards one’s Children  To develop the scientific temper, humanism and the spirit of inquiry and reform.  Strive towards excellence in all spheres of individual and collective activity. {2} Duties concerning the Environment  To protect and improve the natural environment including forests, lakes, rivers, wildlife  To have compassion for living creatures. {3)Duties towards State & Society  Duty to follow constitution and respect its ideals and institutions  Respect National flag and Anthem  Duty to protect and uphold India’s unity and integrity  Duty to defend country and render national service when called upon to do so.  Duty to safeguard public property.
6 | P a g e G r a d e I X - C i v i c s C h p - F u n d a m e n t a l R i g h t s , F u n d a m e n t a l D u t i e s & D i r e c t i v e P r i n c i p l e s o f S t a t e P o l i c y . {4)Duties towards Nation  To cherish and follow the noble ideals which inspired our national struggle for freedom  Value and preserve our rich heritage and composite culture  Promote harmony and spirit of common brotherhood among people of India  Should give up practices damaging the dignity of women. C) Directive Principles of State Policy (meaning): The instructions or guidelines that tell the legislative, executive and judiciary what to do are called as ‘Directive Principles of State Policy.’ A State should ensure that: a) There are adequate means of livelihood & b) Good economic system (in which there is no concentration of wealth) c) Equal pay for both men and women d) Protection against exploitation e) Right to work f) Right to education g) Right to State assistance in cases of old age, sickness & disability. h) Early childhood care i) Promotion of education and economic interests of all and especially SC/ST. j) To promote animal husbandry and organisation of agriculture There are several steps taken by our government towards realization of the goals of a Welfare State. To name a few of such steps: 1) Prevention of Atrocities Act 2) Equal Remuneration Act 3) Pradhan Mantri Jan-Dhan Yojana (PMJDY): Due to this, it was possible for all, specially Poor, to have their accounts in banks as well as Insurance coverage, which previously they didn’t have.