FUNDAMENTAL RIGHTS AND
FUNDAMENTAL DUTIES
Now-a-days, terms like ‘right to education’, ‘right to
information’ and ‘right to protest peacefully’ are being used quite frequently.
Many a time, you also feel that you have certain rights. Simultaneously, you
may have been told by someone, may be your teacher, that you have certain
duties towards other individuals, society, nation or the humanity. But do you
think that every human being enjoys the rights or everyone performs the duties?
Perhaps not. But everyone will agree that there are certain rights that must be
enjoyed by individuals. Particularly, in a democratic country like ours, there
are rights that must be guaranteed to every citizen. Similarly there are
certain duties that must be performed by democratic citizens. Which is why, the
Constitution of India guarantees some rights to its citizens. They are known as
Fundamental Rights. Besides, the Indian Constitution also enlists certain core
duties that every citizen is expected to perform. These are known as
Fundamental Duties. This lesson aims at discussing the details about the
Fundamental Rights and Fundamental Duties.
MEANING AND IMPORTANCE OF RIGHTS AND DUTIES
We often talk about rights, but do you know what does the
term ‘rights’ mean? Rights are rules of interaction between people. They place
constraints and obligations upon the actions of the state and individuals or
groups. For example, if one has a right to life, this means that others do not
have the liberty to kill him or her. Rights are defined as claims of an
individual that are essential for the development of his or her own self and
that are recognized by society or State. These are legal, social, or ethical principles
of freedom or entitlement and are the fundamental normative rules about what is
allowed to people or owed to people, according to some legal system, social convention,
or ethical theory. Rights are often considered fundamental to civilization, being
regarded as established pillars of society and culture.
But the rights have real meaning only if individuals
perform duties. A duty is something that someone is expected or required to do.
Parents, for example, have a duty to take care of their child. You have duties
towards your parents. A teacher has a duty to educate students. In fact, rights
and duties are two wheels on which the chariot of life moves forward smoothly.
Life can become smoother if rights and duties go hand in hand and become
complementary to each other. Rights are what we want others to do for us
whereas the duties are those acts which we should perform for others. Thus, a
right comes with an obligation to show respect for the rights of others. The
obligations that accompany rights are in the form of duties. If we have the
right to enjoy public facilities like transport or health services, it becomes
our duty to allow others to avail the same. If we have the right to freedom, it
becomes our duty not to misuse this and harm others.
FUNDAMENTAL RIGHTS
As we have seen, rights are claims that are essential
for the existence and development of individuals. In that sense there will a
long list of rights. Whereas all these are recognized by the society, some of
the most important rights are recognized by the State and enshrined in the Constitution.
Such rights are called fundamental rights.
These rights are fundamental because of two reasons.
First, these are mentioned in the Constitution which guarantees them and the
second, these are enforceable through courts.
Enforceable through courts means that in case of their violation, the individual
can approach courts for their protection. If a government enacts a law that restricts
any of these rights, it will be declared invalid by courts. Such rights are provided
in Part III of the Indian Constitution. The Constitution guarantees six fundamental
rights to Indian citizens as follows: (i)
right to equality, (ii) right to freedom,
(iii) right against exploitation,
(iv) right to freedom of religion,
(v) cultural and educational rights, and
(vi) right to constitutional remedies.
While these fundamental rights are universal, the Constitution provides for
some exceptions and restrictions. Originally, there were seven Fundamental
Rights in the Constitution. Besides the above mentioned six rights, there was
the Right to Property also. Since
this Right created a lot of problems in the way of attaining the goal of
socialism and equitable distribution of wealth, it was removed from the list of
Fundamental Rights in 1978 by 44th constitutional amendment. However, its
deletion does not mean that we do not have the right to acquire, hold and
dispose of property. Citizens are still free to enjoy this right. But now it is
just a legal right and not a Fundamental Right.
Right to Equality
Right to equality is very important in a society like
ours. The purpose of this right is to establish the rule of law where all the
citizens should be treated equal before the law. It has five provisions
(Articles 14-18) to provide for equality before law or for the protection of
law to all the persons in India and also to prohibit discrimination on the
grounds of religion, race, caste, sex or place of birth.
(i) Equality before Law: The Constitution guarantees that all citizens will be
equal before law. It means that everyone will be equally protected by the laws
of the country. No person is above law. It means that if two persons commit the
same crime, both of them will get the same punishment without any
discrimination.
(ii) There will
be no Discrimination on the basis of Religion, Race, Caste, Sex or Place of Birth:
The State cannot discriminate
against a citizen on the basis of religion, race, caste, sex or place of birth.
This is necessary to bring about social equality. Every citizen of India has
equal access to shops, restaurants, and places of public entertainment or in
the use of wells, tanks or roads without any discrimination. However, the State
can make special provisions or concessions for women and children.
(iii) Equality of Opportunity to all Citizens in matter
of Public Employment:
The State cannot discriminate against anyone in the
matter of public employment. All citizens can apply and become employees of the
State. Merits and qualifications will be the basis of employment. However,
there are some exceptions to this right. There is a special provision for the
reservation of posts for citizens belonging to Scheduled Castes, Scheduled
Tribes and Other
Backward Classes (OBCs) Working in Office without Gender Based Discrimination.
(iv) Abolition of Untouchability:
Practicing un-touchability in any form has been made a
punishable offence under the law. This provision is an effort to uplift the
social status of millions of Indians who had been looked down upon and kept at
a distance because of either their caste or the nature of their profession. But,
it is really very unfortunate that despite constitutional provisions, this
social evil continues even today. Can you find any difference when you see a
nurse cleaning a patient, a mother cleaning her child and a lady cleaning a
toilet in the illustration? Why do people consider the cleaning of a toilet in
a derogatory manner?
(v) Abolition of Titles:
All the British titles like Sir (Knighthood) or Rai
Bahadur which were given to the British loyalists during the British rule, have
been abolished because they created distinctions of artificial nature. However,
the President of India can confer civil and military awards to those who have rendered
meritorious service to the nation in different fields. The civil awards such as
Bharat Ratna, Padma Vibhushan, Padam Bhushan and Padma Shri and the military
awards like Veer Chakra, Paramveer Chakra, Ashok Chakra are conferred. Do you
know that these awards are not titles? Educational and military awards can be
prefixed with one’s name?
(Bharat Ratna, Padma Vibhushan, Pramvir Chakra, Veer Chakra, Ashok
Chakra)
Medals Showing Civil and Military Awards day.
Right to Freedom
You will agree that the freedom is the most cherished
desire of every living being. Human beings definitely want and need freedom.
You also want to have freedom. The Constitution of India provides Right to
Freedom to all its citizens. This Right is stipulated under Articles 19-22. The
following are the four categories of Rights to Freedom:
I. Six Freedoms: Article 19 of the Constitution provides for the following six freedoms:
(a) Freedom of speech and expression
(b) Freedom to assemble peacefully and without arms
(c) Freedom to
form Associations and Unions
(d) Freedom to move freely throughout the territory of
India
(e) Freedom to reside and settle in any part of India
(f) Freedom to practice any profession or to carry on
any occupation, trade or business
The purpose of providing these freedoms is to build
and maintain an environment for proper functioning of democracy. However, the
Constitution has authorized the State to impose certain reasonable restrictions on each of them:
1. Restrictions may be put on the Right to Freedom of
speech and expression in the interests of the sovereignty, integrity and
security of India, friendly relations with foreign States, public order,
decency or morality, or in relation to contempt of court, defamation or
incitement to an offence.
2. Right to assemble peacefully and without arms may
be restricted in the interests of the sovereignty and integrity of India or
public order. 3. Right to form associations or unions may have restrictions in
the interests of the sovereignty and integrity of India, public order or
morality.
4. Right to move freely throughout the territory of
India and to reside and settle in any part of India may also be restricted in
the interest of the general public or for the protection of the interests of
any Scheduled Tribe.
5. Right to practice any profession or to carry on any
occupation, trade or business may have restrictions in the interests of the
general public. The State is also permitted to lay down the professional or
technical qualifications necessary for practicing any profession or carrying on
any occupation, trade or business.
II. Protection in respect of conviction for offences: Article 20 of the Constitution provides for the
protection in respect of conviction for offences. No one can be convicted for
an act that was not an offence at the time of its commission, and no one can be
given punishment greater than what was provided in the law prevalent at the
time of its commission. Also, no one can be prosecuted and punished for the
same offence more than once and can be forced to give witness
against his or her own self.
III. Protection of life and personal liberty: As provided in Article 21, no one can be deprived of
his or her life or personal liberty except according to the procedure established
by law.
IV. Protection against arrest and detention in certain
cases: It is provided in Article 22 that
whenever a person is arrested, he or she should be informed, as soon as it is
possible, of the grounds for arrest and should be allowed to consult and to be
defended by a legal practitioner of his or her choice. Moreover, the arrested
person must be produced before the nearest magistrate within 24 hours of such
an arrest excepting a person who has been arrested under preventive detention
law. The case of the person arrested under preventive detention law has also to
be referred to an Advisory Board within a period of three months of his or her
arrest.
1. What will happen if the State misuses its power in
the name of reasonable restrictions? Who will decide the reasonableness?
According to the Constitution, only the courts can decide this issue and not
the government.
2. Only some of the Fundamental Rights are enjoyed by
the foreigners and not all. For example, the Right to Equality before Law and
Right to Freedom of Religion are enjoyed by the foreigners also, but most other
Fundamental Rights are exclusively for the Indian citizens only.
1. Freedom of speech and (a) Restriction on the
movement of an expression person/group to prevent spread of violence.
2. Freedom to form Associations (b) Not allowed to run
trades like and Unions gambling, prostitution, selling of narcotic drugs.
3. Freedom to assemble peacefully (c) Not allowed residing
too close to and without arms. aerodrome
4. Freedom to move freely throughout the country)
Restriction on the use of language throughout the territory of India that may
instigate people for communal violence
5. Free to reside and settle in e) not allowed forming
an association any part of India to help terrorist activities
6. Freedom to practice any profession) Should be
peaceful and participants profession or to carry on any should not carry any
weapon. Occupation, trade or business
Right against Exploitation
Have you ever thought how many ways exploitations take
place in our society? You might have seen a small child working in a tea shop
or a poor and illiterate person being forced to work in the household of a rich
person. Traditionally, the Indian society has been hierarchical that has
encouraged exploitation in many forms. Which is why, the Constitution makes
provisions against exploitation. The citizens have been guaranteed the right
against exploitation through Articles 23 and 24 of the Constitution. These two
provisions are:
1. Prohibition of traffic in human beings and forced
labour: Traffic in human beings and beggar (unpaid Job)and other similar forms of forced labour are prohibited and any
breach of this provision shall be an offence punishable in accordance with law.
1. Trafficking in
human beings means selling and buying of human beings as material goods.
Trafficking, especially of young women, girls and even boys is continuing as an
illegal trade.
2. Earlier especially in the feudal Indian society,
people belonging to the poor and downtrodden sections were made to do work free
of charge for landlords and other powerful people. This practice was Begar or
forced labour.
Prohibition of employment of children in factories,
etc.: As the Constitution provides, no
child below the age of fourteen years shall be employed to work in any factory
or mine or engaged in any other hazardous employment. This right aims at
eliminating one of the most serious problems, child labour, that India has been
facing since ages. Children are assets of the society. It is their basic right to
enjoy a happy childhood and get education. But as shown in the illustration and
as you also may have observed, in spite of this constitutional provision, the
Problem of child labour is still continuing at many
places. This malice can be eliminated by creating public opinion against it.
Right to Freedom of Religion
As you know, one of the objectives declared in the
Preamble is “to secure to all its citizens liberty of belief, faith and
worship”. Since India is a multi-religion country, where Hindus, Muslims,
Sikhs, Christians and many other communities live together, the Constitution
declares India as a ‘secular state’. It means that Indian State has no religion
of its own. But it allows full freedom to all the citizens to have faith in any
religion and to worship, the way they like. But this should not interfere with
the religious beliefs and ways of worship of other fellow beings. This freedom
is available to the foreigners as well. In respect of the Right to freedom the
Constitution makes the following four provisions under Articles 25-28:
Freedom of conscience and free profession, practice and
propagation of religion: All persons
are equally entitled to freedom of conscience and the right to profess, practice
and propagate religion freely. However, it does not mean that one can force
another person to convert his/her religion by force or allurement. Also,
certain inhuman, illegal and superstitious practices have been banned.
Religious practices like sacrificing animals or human beings, for offering to
gods and goddesses or to some supernatural forces are not-permissible.
Similarly, the law does not permit a widow to get
cremated live with her dead husband (voluntarily or forcibly) in the name of Sati Pratha. Forcing
the widowed woman not to marry for a second time or to shave her head or to
make her wear white clothes are some other social evils being practiced in the
name of religion. Besides the above stated restrictions, the State also has the
power to regulate any economic, financial, political or other secular
activities related to
religion. The State can also impose restrictions on
this right on the grounds of
public order, morality and health.
2. Freedom to manage religious affairs: Subject to public order, morality and health, every
religious group or any section thereof shall have the right (a) to establish
and maintain institutions for religious and charitable purposes; (b) to manage
its own affairs in matters of religion; (c) to own and acquire movable and
immovable property; and (d) to administer such property in accordance with law.
Freedom as to
the payment of taxes for promotion of any particular
religion: No
person shall be compelled to pay any tax, the proceeds of which are
specifically used in payment of expenses the incurred on the promotion or maintenance
of any particular religion or religious sect.
Freedom as to
attendance at religious instruction or religious worship in certain educational
institutions: (1) No religious instruction
shall be provided in any educational institution wholly maintained out of State
funds. However, it will not apply to an educational institution which is
administered by the State but has been established under any trust which
requires that religious instruction shall be imparted in such an institution.
But no person attending such an institution shall be compelled to take part in
any religious instruction that may be imparted there or attend any religious
worship that may be conducted there. In case of a minor, the consent of his/her
guardian is essential for attending such activities.
Cultural and
Educational Rights
India is the largest democracy in the world having
diversity of culture, scripts, languages and religions. As we know the
democracy is a rule of the majority. But the minorities are also equally
important for its successful working. Therefore, protection of language,
culture and religion of the minorities becomes essential so that the minorities
may not feel neglected or undermined under the impact of the majority rule.
Since people take pride in their own culture and language, a special right
known as Cultural and Educational Right has been included in the Chapter on
Fundamental Rights. In Articles 29-30 two major
provisions have been made:
1. Protection of interests of minorities: Any minority group having a distinct language, script
or culture of its own shall have the right to conserve the same. No citizen
shall be denied admission into any educational institution maintained by the
State or receiving aid out of State funds on grounds only of religion, race, caste,
language or any of them.
2. Right of minorities to establish and administer
educational institutions:
All Minorities, whether based on religion or language,
have the right to establish and administer educational institutions of their
choice. In making any law providing for the compulsory acquisition of any
property of an educational institution established and administered by a
minority, the State shall ensure that the amount fixed by or determined under
such law for the acquisition of such property wouldm not restrict or abrogate
the right guaranteed under that clause. The State shall not, in granting aid to
educational institutions, discriminate against any educational institution on
the ground that it is under the management of a minority, whether
based on religion or language. Minority does not mean
minority at the national level. There can be minoritiesat the state level also.
For example, the Sikhs are a majority community in Punjab, but they are a
minority community in Delhi, Rajasthan, Haryana and many other States. Similarly
Telugu, Kannad and Bangala speaking people are in minority in most of the
States in India except in their own, i.e. Andhra Pradesh, Karnataka, West
Bengal.
Right to
Constitutional Remedies
Since Fundamental Rights are justiciable, they are
just like guarantees. They are enforceable, as every individual has the right
to seek the help from courts, if they are violated. But in reality it is not
so. Encroachment or violation of Fundamental Right in our day to day life is a
matter of great concern. Which is why, our Constitution does not permit the
legislature and the executive to curb these rights. It provides legal remedies
for the protection of our Fundamental Rights. This is called the Right to Constitutional
Remedies stipulated in Article 32. When any of our rights are violated, we can
seek justice through courts. We can directly approach the Supreme Court that
can issue directions, orders or writs for the enforcement of Fundamental
Rights.
Right to
Education (RTE)
The Right to Education is added by introducing a new
Article 21A in the Chapter on Fundamental Rights in 2002 by the 86th
Constitutional Amendment. It was a long standing demand so that all children in
the age group of 6-14 years (and their parents) can claim compulsory and free
education as a Fundamental Right. It is a major step forward in making the
country free of illiteracy. But this addition remained meaningless, as it could
not be enforced until 2009 when the Parliament passed the Right to Education
Act, 2009. It is this Act which aims at ensuring that every child who is
between 6-14 years of age and is out of the school in India, goes to school and
receives quality education, that is his/her right.
2. Tamil, Kannad and Telugu speaking people living in
Delhi are amongst the many minority communities. What can they do to conserve
their distinct language and culture?
3. Which one of the following situations is not
covered under the Cultural and Educational Rights:
(a) To conserve one’s distinct language.
(b) No discrimination in granting funds to the
minorities.
(c) Right to establish institutions of their own
choice.
(d) The Minority school must admit children belonging
to the majority
community.
4. “The right to constitutional remedies is the most
important fundamental right.”Do
you agree with this statement? Give justification to
your answer.
FUNDAMENTAL RIGHTS AS HUMAN RIGHTS
You have already read that Fundamental Rights are
indeed very essential for the well being of every citizen. We also know that
people have always struggled against injustice, exploitation and inequality for
the creation of better surroundings, better living conditions and preservation
of the human dignity. Efforts to avail such rights to all human beings have
been made at the international level also by recognizing various rights which
are popularly known as Human Rights. The General Assembly of the United Nations
adopted Human Rights in 1948 and enshrined them in Universal Declaration of
Human Rights about which you will study later. Some of the Human Rights are:
Equality before Law, Freedom from Discrimination, Right to Life, Liberty and
Personal Security, Right to Free Movement, Right to Education, Right to Marriage
and Family, Freedom of Thought, Conscience and Religion, Right to Peaceful
Assembly and Association and Right to Participate in the Cultural Life of the
Community. If you carefully examine the above mentioned rights, you will realize
how important the Human Rights are.
That is why, many of the Human Rights have found place
in the Chapter on Fundamental Rights in the Indian Constitution. The Human
Rights which could not find place under the Fundamental Rights have been
included in the Chapter on Directive Principles of State Policy. Moreover,
keeping in view the importance of Human Rights, the National Human Rights
Commission was founded in 1993 by the Government of India to guarantee that the
Indian citizens also enjoy those rights. Human rights are universal,
fundamental and absolute : universal because they
belong to all humans everywhere; fundamental because
they are inalienable; absolute because they are basic to a real living.
1. Fundamental Duties
After going through the Fundamental Rights, you must
have observed and realized that in return for every right, the society expects
the citizens to do certain things which are collectively known as duties. Some
such important duties have been incorporated in the Indian Constitution also.
The original Constitution enforced on 26th
January, 1950 did not mention
anything about the duties of the citizen. It was expected that the citizens of
free India would perform their duties willingly. But things did not go as
expected. Therefore, ten Fundamental Duties were added in Part-IV of the Constitution
under Article 51-A in the year 1976 through the 42nd Constitutional
Amendment. However, whereas Fundamental Rights are
justiciable, the Fundamental Duties are non-justiciable. It means that the
violation of fundamental duties, i.e. the non-performance of these duties by
citizens is not punishable. The following ten duties have been listed in the
Constitution of India:
1. to abide by the Constitution and respect its ideals
and institutions, the National Flag, National Anthem;
2. to cherish and follow the noble ideals which
inspired our 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;
5. to promote harmony and the spirit of common
brotherhood amongst all the people of India and to renounce practices
derogatory to the dignity of women;
6. to value and preserve the rich heritage of our
composite culture;
7. to protect and improve the natural environments
including forests, lakes, rivers
and wildlife;
8. to develop the scientific temper, humanism and the
spirit of inquiry and reform;
9. to safeguard public property and not to use
violence; and
10. to serve towards excellence in all spheres of
individual and collective activity. Besides, a new duty has been added after
the passage of Right to Education Act, 2009. “A parent or guardian has to
provide opportunities for the education of his child/ward between the age of
six and fourteen years.
Nature of Fundamental Duties
These duties are in the nature of a code of conduct.
Since they are unjusticiable, there is no legal sanction behind them. As you
will find, a few of these duties are vague. For example, a common citizen may
not understand what is meant by ‘composite culture’, ‘rich heritage’
‘humanism’, or ‘excellence in all spheres of individual and collective
activities’. They will realize the importance of these duties only when these
terms are simplified A demand has been made from time to time to revise the
present list, simplify their language and make them more realistic and
meaningful and add some urgently required more realistic duties. As far as
possible, they should be made justiciable.
1. Proper upbringing of the children and maintenance
of the parents in their old age were included in the list of Fundamental Duties
in the Soviet Constitution of 1977.
2. To educate the children, not to interfere with
public welfare, to pay the taxes and the right to work have been included in
the Constitution of Japan.
. If you are to take a pledge to abide by four
Fundamental Duties on the Independence Day, which four duties, according to you
are the most important ones and why?
TERMINAL EXERCISES
1. Explain the significance of Fundamental Rights in
our day to day life. Which fundamental right do you consider the most important
in your life and why?
2. Enumerate the six Fundamental Rights granted to us
by the Constitution.
3. How far will the Right to Education eradicate
illiteracy from India? Explain.
4. Describe the main provisions of the Right to
freedom of religion.
5. Highlight only three restrictions imposed on the
Right to Freedom. In your opinion, are
these restrictions justified? Give arguments to support your answer.
6. Do you agree that Human Rights are reflected in the
Fundamental Rights of the
Indian Constitution?
7. What are the fundamental duties enumerated in the
Constitution? Which of these do you consider as your most important duties and
why?
8. Read the following statements; identify the correct
ones and rewrite the incorrect ones after necessary corrections:
(i) A person is not free to change his/her religion
without permission from the government.
(ii) Every government or government-aided school can
impart religious instructions.
(iii) Students of institutions managed by private
bodies cannot be compelled to take part
in religious worships.
(iv) As a multi-religious state, India can confer any
privilege or favor on any
religion.
(v) The government can impose taxes for the
maintenance of important religious places.
(vi) Places of worship can be constructed any where
even if they obstruct the national development projects.
9. Match the rights in column ‘A’ with their
corresponding duties in column ‘B’.
(a) The constitution gives us the (a) It is our duty
not to deny the use freedom of expression of them to others.
(b) If we have the right to practise (b) It is our
duty to obey the rules the religion of our own choice and maintain discipline.
(c) If we have a right to use a public (c) It is the
duty of others not to kill park, a well or a tank us or injure us.
(d) If we have the right to live. (d) It is our duty
to allow others to practise their religion.
(e) If we have the right to be taught. (e) It also
reminds us and tells us not to hurt the feelings of others.
Project
Survey your neighbourhood or nearby places and
identify 3-5 children below the age of 14 who are working in menial jobs as
beggar or rag pickers.
ANSWERS TO INTEXT QUESTIONS
1. Rights are defined as claims of an individual that
are essential for the development of his or her own self and that are
recognized by society or State. A duty is something that someone is expected or
required to do. Rights and duties are interdependent. Life can become smoother
if rights and duties go hand in hand and become complementary to each other.
Rights are what we want others to do for us whereas the duties are those acts
which we should perform for others.
Thus, a right comes with an obligation to show respect
for the rights of others.
The obligations that accompany rights are in the form
of duties.
2. (i) Because the provision for reservation is not a
case of discrimination.
(ii) Because everyone is equal before law and
discrimination cannot be made on any basis including the status of a person.
(iv) Because religion cannot be made the sole basis of
employment in any situation.
(v) Because the Constitution of India has abolished
all the Titles. Mr. Sohan Singh can not use the title of Rai Bahadur.
3. (iii) Dalits share the village hand pumps for water
with others.
1. (a) Freedom of speech and expression; (b) Freedom
to assemble peacefully and without arms; (c) Freedom to form Associations and
Unions; (d) Freedom to move freely throughout the territory of India; (e)
Freedom to reside and settle in any part of India; (f) Freedom to practise any
profession or to carry on any occupation, trade or business 2. (i) Freedom to
move freely throughout the territory of India (ii) Freedom to form Associations
and Unions (iii) Freedom to reside and settle in any part of India (iv) Freedom
to practise any profession or to carry on any occupation, trade or business
(v) Freedom to assemble peacefully and without arms
3. Article 20, Article 21 and Article 22 respectively
1. Traditionally, the Indian society has been hierarchical
that has encouraged exploitation in many forms. Which is why, the Constitution
makes provisions against exploitation.
2. (a) begar
(b) human trafficking
3. Mention the life situations based on your own
experiences, like a 10-year boy
working in a tea shop.
1. In Articles 29-30 two major provisions have been
made: Protection of interests of minorities; and Right of minorities to
establish and administer educational institutions
2. Any minority having a distinct language, script or
culture of its own shall have
the right to conserve the same.
3. (d) Minority school must admit children belonging
to majority community
4. Encroachment or violation of Fundamental Rights in
our day to day life is a matter of great concern. Which is why, our Constitution
does not permit the legislature and the executive to curb these rights. It
provides legal remedies for the protection of our Fundamental Rights. This is
called the Right to Constitutional Remedies.
1. The General Assembly of the United Nations adopted
Human Rights in 1948 and preserved them in Universal Declaration of Human
Rights
2. Right to Equality, Right to Freedom, Right to
Freedom of Religion and Cultural
and Educational Rights
3. (a) to protect and improve the natural environment
including forests, lakes, rivers and wild life, and to have compassion for
living creatures; (b) to value and preserve the rich heritage of our composite
culture (c) to abide by the Constitution and respect its ideals and
institutions, the
National Flag and the National Anthem;
(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;
4. (a) to abide by the Constitution and respect its
ideals and institutions, the
National Flag and the National Anthem;
(b) to uphold and protect the sovereignty, unity and
integrity of India;
(c) 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;
(d) to protect and improve the natural environment
including forests, lakes,
rivers and wild life, and to have compassion for
living creatures;
These duties are focused on the central spirit of the
Constitution and the goals that Indian political system tries to achieve.
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