Fundamental Rights and Duties in India
Fundamental Rights
Knowing your rights in a foreign country you are about to visit, a must! The below mentioned are the fundamental rights guaranteed by the constitution of India to its citizens. However, a decent number of them are available to foreigners as well. They are called Fundamental rights because they are very basic and essential for the development of individuals. The concept of Fundamental duties is adopted from the US constitution.
*The rights mentioned below in bold+italic are available to Indians as well as foreigners
Right to Equality
Equality before law and equal protection of laws (Article 14)
Prohibition of discrimination on grounds of religion, race, caste, sex or Place of Birth (Article 15)
Equality of opportunity in matters of public employment (Article 16)
Abolition of untouchability and prohibition of its practice (Article 17)
Abolition of titles except military and academic (Article 18)
Right to freedom (Article 19)
Protection of six rights regarding,
freedom of speech and expression
assembly
association
movement
residence and
profession
Right against exploitation
Prohibition of traffic in human beings and forced labor (Article 23)
Prohibition of employment of children in factories, etc (Article 24)
Right to freedom of religion
Freedom of conscience and free profession, practice and propagation of religion (Article 25)
Freedom to manage religious affairs (Article 26)
Freedom from payment of taxes for promotion of any religion (Article 27)
Freedom from attending religious instruction or worship in certain educational institutions (Article 28)
Cultural and education rights
Protection of language, script and culture of minorities (Article 29)
Right of minorities to establish and administer educational institutions (Article 30)
Right to constitutional remedies
Right to move the Supreme Court for the enforcement of fundamental rights including the writs of habeas corpus, mandamus, prohibition, certiorari, and quo war-rento (Article 32)
Other fundamental rights
Protection in respect of conviction for offences (Article 20)
Protection of life and personal liberty (Article 21)
Right to elementary education (Article 21A)
Protection against arrest and detention in certain cases (Article 22)
Fundamental Duties (Article 51 A)
There are 11 Fundamental duties mentioned in the Indian constitution and are applicable only to Indians. These duties help promote the spirit of patriotism and uphold the unity of India. Citizens of India enjoy fundamental rights and so are obligated to perform Fundamental duties. This concept of fundamental duties is adopted from the Russian Constitution.
It shall be the duty of every Indian citizen to
- To abide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem
2. To cherish and follow the noble ideals that inspired the national struggle for freedom
3. To uphold and protect the sovereignty, unity and integrity of India
4. To defend the country and render national service when called upon to do so
5. To promote harmony and the spirit of common brotherhood amongst all the people of India or sectional diversities and to renounce practices derogatory to the dignity of women
6. To value and preserve the rich heritage of the country’s composite culture
7. To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures
8. To develop scientific temper, humanism and the spirit of inquiry and reform
9. To safeguard public property and to abjure violence
10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement
11. To provide opportunities for education to his child or ward between the age of six and fourteen years
Note
While fundamental rights are legally enforceable, Fundamental duties are more of moral obligations on the citizens of India and not legally enforceable. However, the interpretation of constitutional provisions cannot be so narrow. There are exceptions in both cases. While there may be reasonable restrictions on fundamental rights at times, the courts may also direct a citizen to perform her/his fundamental duty.