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The Fundamental Rights are defined as basic human freedoms which every Indian citizen
has the right to enjoy for a proper and harmonious development of personality. The
Fundamental Rights in India enshrined in the Part III of the Constitution of India
guarantee civil liberties such that all Indians can lead their lives in peace and harmony as
citizens of India. Violations of these rights result in punishments as prescribed in the
Indian Penal Code, subject to discretion of the judiciary.
These rights universally apply to all citizens, irrespective of race, place of birth, religion,
caste, creed, colour or sex. They are enforceable by the courts, subject to certain
restrictions. The Rights have their origins in many sources, including England's Bill of
Rights, the United States Bill of Rights and France's Declaration of the Rights of Man.
These include individual rights common to most liberal democracies, such as equality
before law, freedom of speech and expression, freedom of association and peaceful
assembly, freedom to practice religion, and the right to constitutional remedies for the
protection of civil rights by means of writs.
The six fundamental rights are:
1. Right to equality
2. Right to freedom
3. Right against exploitation
4. Right to freedom of religion
5. Cultural and educational rights
6. Right to constitutional remedies
Right to Equality
Right to equality is an important right provided for in Articles 14, 15, 16, 17 and 18 of the
constitution. It is the principal foundation of all other rights and liberties, and guarantees
the following:
1. Equality before law: Article 14 of the constitution guarantees that all citizens
shall be equally protected by the laws of the country. It means that the State
cannot discriminate against a citizen on the basis of caste, creed, colour, sex,
religion or place of birth.
2. Social equality and equal access to public areas: Article 15 of the constitution
states that no person shall be discriminated on the basis of caste, colour, language
etc. Every person shall have equal access to public places like public parks,
museums, wells, bathing Ghats and temples etc.
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Right to Freedom
The Constitution of India contains the right to freedom, given in articles 19, 20, 21 and
22, with the view of guaranteeing individual rights that were considered vital by the
framers of the constitution. The right to freedom in Article 19 guarantees the following
six freedoms:
1. Freedom of speech and expression, which enable an individual to participate in
public activities.
2. Freedom to assemble peacefully without arms
3. Freedom to form associations or unions
4. Freedom to move freely throughout the territory of India
5. Freedom to reside and settle in any part of the territory of India
6. Freedom to practice any profession or to carry on any occupation, trade or
business
Right Against Exploitation
The right against exploitation, given in Articles 23 and 24, provides for two provisions,
A) The abolition of trafficking in human beings and Begar (forced labor),
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B) Abolition of employment of children below the age of 14 years in dangerous jobs like
factories and mines.
Child labour is considered a gross violation of the spirit and provisions of the
constitution. Begar, experienced in the past by landlords, has been declared a crime and
is punishable by law.
Negotiation in humans for the purpose of slave trade or prostitution is also prohibited by
law. An exception is made in employment without payment for compulsory services for
public purposes. Compulsory military conscription is covered by this provision.
3. All minorities, religious or linguistic, can set up their own educational institutions in
order to preserve and develop their own culture.
4. In granting aid to institutions, the State cannot discriminate against any institution on
the basis of the fact that it is administered by a minority institution
2.
Political groups have demanded that the right to work, the right to economic
assistance in case of unemployment, old age, and similar rights be enshrined as
constitutional guarantees to address issues of poverty and economic insecurity,
though these provisions have been enshrined in the Directive Principles of state
policy.
3.
The right to freedom and personal liberty has a number of limiting clauses, and
thus has been criticized for failing to check the sanctioning of powers often
deemed "excessive"
4.
The phrases "security of State", "public order" and "morality" are of wide
implication. The meaning of phrases like "reasonable restrictions" and "the
interest of public order" have not been explicitly stated in the constitution, and
this ambiguity leads to unnecessary proceedings.
5.
"Freedom of press" has not been included in the right to freedom, which is
necessary for formulating public opinion and to make freedom of expression more
legitimate.
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6.
Employment of child labour in hazardous job environments has been reduced, but
their employment even in non-hazardous jobs, including their prevalent
employment as domestic help violates the spirit and ideals of the constitution.
7.
The concept of Directive Principles of State Policy was borrowed from the Irish
Constitution. The makers of the Constitution of India were influenced by the Irish
nationalist movement. Hence, the Directive Principles of the Indian constitution have
been greatly influenced by the Directive Principles of State Policy. The idea of such
policies "can be traced to the Declaration of the Rights of Man proclaimed Revolutionary
France and the Declaration of Independence by the American Colonies." The Indian
constitution was also influenced by the United Nations Universal Declaration of Human
Rights.
5. Article 31-C, inserted by the 25th Amendment Act of 1971 seeks to upgrade the
Directive Principles.
6. If laws are made to give effect to the Directive Principles over Fundamental
Rights, they shall not be invalid on the grounds that they take away the
Fundamental Rights.
7. In case of a conflict between Fundamental Rights and DPSP's, if the DPSP aims at
promoting larger interest of the society, the courts shall have to uphold the case in
favor of the DPSP.
8. The Directive Principles, though not justifiable, are fundamental in the
governance of the country.
9. It shall be the duty of the State to apply these principles in making laws. Besides,
all executive agencies should also be guided by these principles. Even the
judiciary has to keep them in mind in deciding cases
Directives for the State (Commands in the Directive Principles of State Policy)
1. Article 36 - Definition
2. Article 37 - Application of the principles contained in this Part
3. Article 38 - State to secure a social order for the promotion of welfare of the
people
4. Article 39 - Certain principles of policy to be followed by the State
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1. The directive principles ensure that the State shall strive to promote the welfare of
the people by promoting a social order in which social, economic and political
justice is informed in all institutions of life.
2. Also, the State shall work towards reducing economic inequality as well as
inequalities in status and opportunities, not only among individuals, but also
among groups of people residing in different areas or engaged in different
vocations.
3. The State shall aim for securing right to an adequate means of livelihood for all
citizens; both men and women as well as equal pay for equal work for both men
and women.
4. State should work to prevent concentration of wealth and means of production in
a few hands, and try to ensure that ownership and control of the material
resources is distributed to best serve the common good.
5. Child abuse and exploitation of workers should be prevented. Children should be
allowed to develop in a healthy manner and should be protected against
exploitation and against moral and material abandonment.
6. The State shall provide free legal aid to ensure that equal opportunities for
securing justice is ensured to all, and is not denied by reason of economic or other
disabilities.
7. The State shall also work for organization of village panchayats and help enable
them to function as units of self-government
8. The State shall Endeavour to provide the right to work, to education and to public
assistance in cases of unemployment, old age, sickness and disablement, within
the limits of economic capacity, as well as provide for just and humane conditions
of work and maternity relief.
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9. The State should also ensure living wage and proper working conditions for
workers, with full enjoyment of leisure and social and cultural activities. Also, the
promotion of cottage industries in rural areas is one of the obligations of the State.
10. The State shall take steps to promote their participation in management of
industrial undertakings.
11. The State shall Endeavour to secure a uniform civil code for all citizens, and
provide free and compulsory education to all children till they attain the age of 14
years
12. The state should and work for the economic and educational upliftment of
scheduled castes, scheduled tribes and other weaker sections of the society
13. The directive principles commit the State to raise the level of nutrition and the
standard of living and to improve public health, particularly by prohibiting
intoxicating drinks and drugs injurious to health except for medicinal purposes.
14. The state should also organize agriculture and animal husbandry on modern and
scientific lines by improving breeds and prohibiting slaughter of cows, calves,
other milk and draught cattle
15. It should protect and improve the environment and safeguard the forests and wild
life of the country.
16. Protection of monuments, places and objects of historic and artistic interest and
national importance against destruction and damage, and separation of judiciary
from executive in public services are also the obligations of the State as laid down
in the directive principles.
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17. Finally, the directive principles, in Article 51 ensure that the State shall strive for
the promotion and maintenance of international peace and security, just and
honorable relations between nations respect for international law and treaty
obligations, as well as settlement of international disputes by arbitration.
Article 31-C, inserted into the Directive Principles of State Policy by the 25th
Amendment Act of 1971 seeks to upgrade the DPSPs. If laws are made to give
effect to the Directive Principles over Fundamental Rights, they shall not be
invalid on the grounds that they take away the Fundamental Rights.
Article 45, which ensures Provision for free and compulsory education for
children, was added by the 86th Amendment Act, 2002.
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