Fundamental Rights and Duties

As a citizen of India, we are entitled to certain rights as well as obliged to certain duties. It is our duty as responsible citizens that we abide by these laws and carry out our duties. Similarly, knowledge of our fundamental rights is important so as to prevent injustice. Let us update ourselves about the Fundamental Rights and Duties laid down by the constitution of India.

Introduction to Fundamental Rights and Duties

During the period of 1947 to 1949, Constitution of India developed and prescribed the fundamental obligations of the State to its citizens and the duties and the rights of the citizens towards the State under the following sections which constitute the vital elements of the constitution.

• Fundamental Rights
• Directive Principles of State Policy
• Fundamental Duties

The Constitution of India (Source: Wikipedia)

These sections consist of a constitutional bill of rights for government policy-making and lay down a foundation for the appropriate the behaviour and conduct of citizens.

The Fundamental Rights

These are the basic human rights of all citizens, defined in Part III of the Constitution. These are applicable irrespective of race, place of birth, religion, caste, creed, or gender. They are enforceable by the courts, subject to specific restrictions. Following are some of the important rights of the citizens of India in accordance with the Constitution.

• Right to Equality
• Right to freedom
• Right against exploitation
• Right to freedom of religion
• Cultural and Educational Rights
• Right to Constitutional Remedies

Directive Principles of State Policy

These are included in Part IV of the Constitution. For the framing of certain Laws, the Government requires certain guidelines. These are included in the Directive Principles of State Policy. According to Article 37, they are not enforceable by the courts. It just lays down the fundamental principles and guidelines on which they are based are fundamental guidelines for governance that the State need to follow while designing the laws. Emphasis is on the Welfare of State Model.

The establishment of Directive Principles of State Policy is in accordance with certain articles of the Constitution of India. Let us explore more about the importance of these articles.

Article	Significance
37	Non-enforceability in court
39A	Securing participation of workers in management of industries
41-43	Mandate the state to endeavour to secure to all citizens right to work, living wage, security, maternity relief and a decent standard of living
43	Promotion of industries Establishment of Several Boards for the promotion of Khadi and other handlooms
45	Free and compulsory education to children between age group of 6-14 After 2002 amendment childhood care age limit was shifted to below 6 years
47	Raise the standard of living and improve public health Prohibition of consumption of intoxicating drinks and drugs injurious to health
48	Organize agriculture and animal husbandry on modern and scientific lines
48A	Protection of the environment and safeguard the forests and wildlife of the country
49	Preservation of monuments and objects of national importance
50	Separation of judiciary from the executive in public services
51	International peace and security Implementation of Laws giving effect to International Treaties

The Fundamental Duties

These are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India and concern the individuals and the nation. Included in Part IVA of the Constitution, like the Directive Principles, they are not enforceable by the law. According to the constitution, following are the duties to be followed by every citizen of India

• To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
• To cherish and follow the noble ideals which inspired our national struggle for freedom.
• To uphold and protect the sovereignty, unity, and integrity of India.
• To defend the country and render national service when called upon to do so.
• 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.
• To value and preserve the rich heritage of our composite culture.
• To protect and improve the natural environment including forests, lakes, rivers, wildlife and to have compassion for living creatures.
• To develop the scientific temper, humanism and the spirit of inquiry and reform.
• To safeguard public property and to abjure violence.
• 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.
• Who is a parent or guardian, to provide opportunities for education to his child, or as the case may be, ward between the age of six to fourteen years.
• According to the 86th constitutional amendment in 2002, it is the duty of the people of India to adapt to make India a safer place to live, to be clean and make the surrounding clean and not to hurt anybody physically and mentally.

The Relationship Between the Fundamental Rights, Directive Principles and Fundamental Duties

Directive Principles have been used to uphold the Constitutional validity of legislation in case of conflict with Fundamental Rights. According to the amendment of 1971,  any law that even though it deviates from the Fundamental Rights, but has been made to give effect to the Directive Principles in Article 39(b)(c) would not be deemed invalid. The Fundamental Duties will be held obligatory for all citizens subject to the State enforcing the same by means of a valid law.

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