Indian Constitution: Fundamental Rights and Duties

Understanding Fundamental Duties in India

Fundamental Duties are the moral obligations of every citizen of India. These duties help in promoting a sense of discipline, patriotism, and responsibility towards society and the nation. They act as a guide for citizens to behave in a responsible manner and uphold the values of the Constitution.

The 11 Fundamental Duties Under Article 51A

As per Article 51A of the Indian Constitution, there are 11 Fundamental Duties for every Indian citizen:

  • To respect the Constitution and follow its ideals, institutions, the National Flag, and the National Anthem.
  • To cherish and follow the noble ideals that inspired the freedom struggle.
  • To uphold and protect the sovereignty, unity, and integrity of India.
  • To defend the country and render national service when required.
  • To promote harmony and the spirit of brotherhood among all people, and renounce practices that disrespect women.
  • To value and preserve the rich heritage of India’s culture.
  • To protect and improve the natural environment, including forests, lakes, rivers, and wildlife.
  • To develop a scientific temper, humanism, and a spirit of inquiry and reform.
  • To safeguard public property and avoid violence.
  • To strive towards excellence in all spheres of life to raise the nation to higher levels of achievement.
  • To provide opportunities for education to children between 6 and 14 years of age (added by the 86th Amendment Act, 2002).

Five Features of Fundamental Duties

  1. Moral Obligations: These duties are not legally enforceable but serve as a moral guideline for citizens.
  2. Applicable to All Citizens: Every Indian citizen is expected to follow these duties, irrespective of religion, caste, or gender.
  3. Promote National Unity: The duties aim to build patriotism, harmony, and unity among citizens.
  4. Help Maintain Discipline: By following these duties, people contribute to the smooth functioning of democracy.
  5. Inspired by the Soviet Union: India borrowed the idea of Fundamental Duties from the constitution of the former USSR.

Significance of Fundamental Duties

  1. Ensure responsible citizenship: Citizens are reminded of their role in nation-building.
  2. Promote national integration: Duties help in maintaining peace, harmony, and brotherhood.
  3. Protect the environment: They encourage people to take care of nature and their surroundings.
  4. Preserve culture and heritage: They promote respect for India’s rich history.
  5. Assist in governance: They help in creating a disciplined and law-abiding society.

India’s Six Fundamental Rights

1. Right to Equality (Articles 14-18)

  • Article 14: Ensures equality before the law and equal protection of the laws.
  • Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
  • Article 16: Guarantees equality of opportunity in matters of public employment.
  • Article 17: Abolishes untouchability and forbids its practice.
  • Article 18: Abolishes titles, except military and academic distinctions.

2. Right to Freedom (Articles 19-22)

  • Article 19: Guarantees six freedoms, including the freedom of speech and expression, assembly, association, movement, residence, and profession.
  • Article 20: Provides protection in respect of conviction for offenses (protection against ex-post facto laws, double jeopardy, and self-incrimination).
  • Article 21: Guarantees the right to life and personal liberty.
  • Article 21A: Provides the right to education for children aged 6 to 14 years.
  • Article 22: Provides protection against arrest and detention in certain cases.

3. Right against Exploitation (Articles 23-24)

  • Article 23: Prohibits human trafficking and forced labor.
  • Article 24: Prohibits the employment of children in hazardous industries.

4. Right to Freedom of Religion (Articles 25-28)

  • Article 25: Guarantees freedom of conscience and the right to freely profess, practice, and propagate religion.
  • Article 26: Allows religious denominations the freedom to manage their own affairs in matters of religion.
  • Article 27: Prohibits compelling any person to pay taxes for the promotion of any particular religion.
  • Article 28: Allows freedom from attending religious instruction or worship in certain educational institutions.

5. Cultural and Educational Rights (Articles 29-30)

  • Article 29: Protects the interests of minorities by allowing them to conserve their culture, language, and script.
  • Article 30: Grants minorities the right to establish and administer educational institutions of their choice.

6. Right to Constitutional Remedies (Articles 32-35)

  • Article 32: Empowers citizens to move the Supreme Court to enforce their fundamental rights, making the right to constitutional remedies a cornerstone of the Indian Constitution. It is considered the “heart and soul” of the Constitution by Dr. B.R. Ambedkar.
  • Articles 33-35: Provide the power to Parliament to modify the rights in their application to forces, and lay down the procedure and application to other laws.