Understanding the Indian Constitution: Fundamental Rights and Duties

INTRODUCTION

A Constitution is a set of fundamental principles or established precedents according to which a State or other organization is governed. These rules together make up, i.e. constitute, what the entity is. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution.

Constitution was written by a committee headed by Dr. Bhimrao Ambedkar. It took 2 yrs, 11 months, 18 days for compilation. It was adopted on 26th November, 1949 (celebrated as Law Day), and enforced fully on 26th January, 1950 (celebrated as Republic Day).

The Constitution of India is the longest written Constitution of any sovereign country in the world, containing 444 Articles in 22 Parts, 12 Schedules while the United States Constitution is the shortest written Constitution, at 7 Articles. At the time of commencement, the Constitution had 395 Articles in 22 parts and 8 schedules.

• Constitution is said to be the supreme law of the land.
• The drafting of the document called the Constitution was pursued by an assembly of elected representatives called the Drafting Committee, which was chaired by Dr. B.R. Ambedkar.
• The above-said Committee prepared the draft of the Constitution. Then, several rounds of discussions took place. More than two thousand amendments were considered.
• Every document presented and every word spoken in the Constituent Assembly has been recorded and preserved under the name of Constituent Assembly Debates.

In this article we have majorly discussed about the part III that consist of fundamental Rights as well as Fundamental duties

ABOUT FUNDAMENTAL RIGHTS:

These rights are fundamental because they are basic to the moral and spiritual development of the individual and these rights cannot be easily abridged by the parliament.

• Now the citizen enjoys six fundamental rights, originally there were seven fundamental rights. One of them was taken away from Part III of the Constitution by the Forty-fourth Amendment Act, 1978. As a result, the Right to Property is no longer a fundamental right. Since 1978, it has become a legal right.
• The idea of fundamental rights has been borrowed from the American Constitution.
• Any citizen of India can seek the help of High Court or Supreme Court of India if any of his fundamental rights is undermined by the government or any institution or any other government.
• Fundamental rights are justiciable in nature. (i.e. they are legally enforceable by the court of law). These are not absolute in nature & are subject to some restrictions. Parliament can amend them but not those provisions that form the “basic structure” of the Constitution.
• Suspended during National Emergency (Except Art 20 & 21). ü The Constitution of India guarantees six fundamental rights to every citizen. These are:

•  i. Right to Equality.[Article 14-18]
• ii. Right to Freedom. [Article 19-22]
• iii. Right against Exploitation. [Article 23,24]
•  iv. Right to Freedom of Religion. [Article 25-28]
•  v. Cultural and Educational Rights. [Article 29, 30]
•  vi. Right to Constitutional Remedies. [Article 32] (Right to property (Article-31) originally a fundamental right has been omitted by the 44th Amendment Act. 1978. It is now a legal right.)

FUNDAMENATAL RIGHTS

Right to Equality (Articles 14-18)

Article 14 – Equality before law

• Explanation: The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

Article 14 guarantees that every person, whether citizen or foreigner, is entitled to equality before the law and equal protection of the laws. It implies that no one is above the law and everyone is treated equally in the eyes of the law. This article forms the basis for preventing discrimination.

• Case Law: Maneka Gandhi v. Union of India (1978) – Reinforced the principle that the procedure established by law must be just, fair, and reasonable.

Article 15 – Prohibition of discrimination

• Explanation: The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.”

Article 15 prohibits discrimination by the State against any citizen on the grounds of religion, race, caste, sex, or place of birth. It ensures that all citizens are treated equally and fairly. However, it allows the State to make special provisions for women, children, socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes.

• Case Law: State of Madras v. Champakam Dorairajan (1951) – Affirmed that reservations based solely on caste, religion, or race are unconstitutional.

Article 16 – Equality of opportunity in public employment

• Explanation: here shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.”

Article 16 guarantees equal opportunity for all citizens in matters related to employment or appointment under the State. It prohibits discrimination on grounds similar to Article 15 and allows the State to provide for reservations in favor of backward classes.

• Case Law: Indra Sawhney v. Union of India (1992) – Upheld the constitutionality of reservations in public employment for backward classes.

Article 17 – Abolition of Untouchability

• Explanation: Untouchability’ is abolished and its practice in any form is forbidden.”

Article 17 abolishes “untouchability” and forbids its practice in any form. This article aims to eradicate the social stigma and discrimination faced by certain castes deemed ‘untouchable’ and ensure their inclusion in society.

• Case Law: People’s Union for Democratic Rights v. Union of India (1982) – Confirmed that bonded labor and exploitation of workers are forms of untouchability and are unconstitutional.

Article 18 – Abolition of titles

• Explanation: No title, not being a military or academic distinction, shall be conferred by the State.”

Article 18 abolishes the conferment of titles by the State, except for military and academic distinctions. It aims to promote equality and prevent the creation of a privileged class. It also prohibits Indian citizens from accepting titles from foreign states.

• Case Law: Balaji Raghavan v. Union of India (1996) – Addressed the issue of national awards like Bharat Ratna and clarified they are not “titles” under Article 18.

Right to Freedom (Articles 19-22)

Article 19 – Protection of certain rights regarding freedom of speech, etc.

• Explanation: All citizens shall have the right
  • to freedom of speech and expression;
  • to assemble peaceably and without arms;
  • to form associations or unions;
  • to move freely throughout the territory of India;
  • to reside and settle in any part of the territory of India; and
  • to practice any profession, or to carry on any occupation, trade or business.”
• Article 19 guarantees six freedoms to all citizens: speech and expression, assembly, association, movement, residence, and profession. However, these rights are not absolute and can be reasonably restricted in the interests of the sovereignty, integrity, and security of India, public order, decency, morality, or in relation to contempt of court, defamation, or incitement to an offense.
• Case Law: Shreya Singhal v. Union of India (2015) – Struck down Section 66A of the IT Act, holding it unconstitutional for violating freedom of speech.

Article 20 – Protection in respect of conviction for offences

• Explanation: No person shall be convicted of any offense except for violation of a law in force at the time of the commission of the act charged as an offense…”

Article 20 provides protection against arbitrary and retrospective criminal laws, double jeopardy (being tried twice for the same offense), and self-incrimination. It ensures that no person is convicted of an offense that was not an offense at the time it was committed.

• Case Law: AK Gopalan v. State of Madras (1950) – Upheld the right against ex post facto laws, double jeopardy, and self-incrimination.

Article 21 – Protection of life and personal liberty

• Explanation: No person shall be deprived of his life or personal liberty except according to procedure established by law.”

Article 21 ensures the right to life and personal liberty. It mandates that no person shall be deprived of their life or personal liberty except through a fair and just legal procedure. This article has been widely interpreted to include various derivative rights such as the right to privacy, right to a fair trial, right to clean environment, etc.

• Case Law: Maneka Gandhi v. Union of India (1978) – Expanded the scope of personal liberty, ensuring it is not limited to mere freedom from physical restraint.

Article 21A – Right to education

• Explanation: The State shall provide free and compulsory education to all children of the age of six to fourteen years.
• Case Law: Unni Krishnan, J.P. v. State of Andhra Pradesh (1993) – Recognized the right to education as implicit in the right to life and personal liberty under Article 21, leading to the inclusion of Article 21A.

Article 22 – Protection against arrest and detention in certain cases

• Explanation: No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest…”

Article 22 provides safeguards against arbitrary arrest and detention. It includes the right to be informed of the reasons for arrest, the right to consult a lawyer, and the right to be produced before a magistrate within 24 hours. It also provides additional protection to individuals detained under preventive detention laws.

• Case Law: Joginder Kumar v. State of Uttar Pradesh (1994) – Established guidelines for police to follow during arrests, emphasizing the need for justifiable grounds.

Right against Exploitation (Articles 23-24)

Article 23 – Prohibition of traffic in human beings and forced labour

• Explanation: traffic in human beings and begar and other similar forms of forced labour are prohibited…”

Article 23 prohibits human trafficking, forced labor, and similar exploitative practices. It ensures that no one is subjected to these practices and allows the State to provide for compulsory services for public purposes without discrimination.

• Case Law: Bandhua Mukti Morcha v. Union of India (1984) – Addressed bonded labor issues and reinforced the prohibition against human trafficking and forced labor.

Article 24 – Prohibition of employment of children in factories, etc.

• Explanation: 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.”

 Article 24 prohibits the employment of children below the age of fourteen years in factories, mines, or any other hazardous employment. It aims to protect children from exploitation and ensure their right to education and development.

• Case Law: M.C. Mehta v. State of Tamil Nadu (1996) – Mandated measures to eliminate child labor and provide education to affected children.

• Right to Freedom of Religion (Articles 25-28)

Article 25 – Freedom of conscience and free profession, practice, and propagation of religion

• Explanation: Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.”

Article 25 guarantees all individuals the freedom of conscience and the right to profess, practice, and propagate their religion, subject to public order, morality, health, and other Fundamental Rights. It ensures religious freedom while allowing the State to regulate secular activities associated with religious practices..

• Case Law: Bijoe Emmanuel v. State of Kerala (1986) – Protected the right of Jehovah’s Witnesses children to not sing the national anthem in school based on their religious beliefs.

Article 26 – Freedom to manage religious affairs

• Explanation: Subject to public order, morality and health, every religious denomination or any section thereof shall have the right to establish and maintain institutions for religious and charitable purposes…”

Article 26 ensures that every religious denomination or any section thereof has the right to establish and maintain religious and charitable institutions, manage its own affairs in matters of religion, own and acquire property, and administer such property according to law. This article provides autonomy to religious groups while ensuring it does not conflict with public order, morality, and health..

• Case Law: Sri Venkataramana Devaru v. State of Mysore (1958) – Upheld the right of religious denominations to manage their own religious institutions.

Article 27 – Freedom as to payment of taxes for promotion of any particular religion

• Explanation: No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.”

Article 27 prohibits compelling any person to pay taxes for the promotion or maintenance of any particular religion. This ensures that the State does not support or endorse any religion through its tax policies, maintaining a secular stance.

• Case Law: Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt (1954) – Clarified the scope of Article 27, emphasizing the prohibition on using public funds for promoting any religion.

Article 28 – Freedom as to attendance at religious instruction or religious worship in certain educational institutions

• Explanation: No religious instruction shall be provided in any educational institution wholly maintained out of State funds.”

28 ensures that no religious instruction is provided in educational institutions wholly maintained by State funds. It allows educational institutions that are partially funded or recognized by the State to provide religious instruction with certain restrictions. It also provides the right to opt-out of religious instruction in State-aided institutions.

• Case Law: Aruna Roy v. Union of India (2002) – Addressed the issue of religious education in state-funded schools, reinforcing the secular nature of education.

• Cultural and Educational Rights (Articles 29-30)

Article 29 – Protection of interests of minorities

• Explanation: Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.”

Article 29 protects the interests of minorities by ensuring any section of citizens with a distinct language, script, or culture has the right to conserve it. It also ensures that no citizen is denied admission to any educational institution maintained by the State or receiving aid out of State funds on grounds of religion, race, caste, language, or any of them.

• Case Law: St. Xaviers College v. State of Gujarat (1974) – Affirmed the rights of minorities to preserve their distinct culture and language.

Article 30 – Right of minorities to establish and administer educational institutions

• Explanation: All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.”

Article 30 grants minorities the right to establish and administer educational institutions of their choice. It ensures that the State does not discriminate in granting aid to such institutions, preserving their right to manage their educational affairs.

• Case Law: T.M.A. Pai Foundation v. State of Karnataka (2002) – Clarified the rights of minorities to establish and administer educational institutions and the extent of state regulation permissible.

• Right to Constitutional Remedies (Articles 32-35)

Article 32 – Remedies for enforcement of rights conferred by this Part

• Explanation: The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.”

Article 32 provides the right to approach the Supreme Court for the enforcement of Fundamental Rights. It empowers the Supreme Court to issue writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari for the enforcement of these rights. This article is often referred to as the “heart and soul” of the Constitution by Dr. B.R. Ambedkar..

• Case Law: Dr. B.R. Ambedkar v. Union of India (1951) – Established that the right to constitutional remedies is itself a fundamental right, highlighting its importance as the protector of all other fundamental rights.

Articles 33-35 – Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.

• Explanation: Provides details on the applicability of fundamental rights to the armed forces and empowers Parliament to restrict or abrogate these rights in certain cases.
• Case Law: Prithipal Singh v. Union of India (1982) – Upheld the validity of restrictions on the fundamental rights of armed forces personnel in the interest of maintaining discipline and proper discharge of duty.

FUNDAMENTAL DUTIES

Rights and Duties are like two sides of a coin, absolutely inseparable.. Whether it be the home, the society or the country, in every sphere of life we have rights and duties that go hand in hand. We have rights in the same measure as we have duties. The Fundamental Duties are a novel feature of the Indian Constitution.

No democratic polity can ever succeed where the citizens are not willing to be active participants in the process of governance by assuming responsibilities and discharging citizenship duties and coming forward to give their best to the country.

ORIGIN: The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976 by way of inserting PART IV-A upon the recommendations of the Swaran Singh Committee that was constituted by the government earlier that year. All the fundamental duties were incorporated in one article only i.e. Article 51-A.

Originally, constitution had only 10 fundamental duties. Originally ten in number, the Fundamental Duties were increased to eleven by the 86th Amendment in 2002, which added a duty on every parent or guardian to ensure that their child or ward was provided opportunities for education between the ages of six and fourteen years. The idea for Fundamental Duties has been borrowed from erstwhile USSR.

THE LIST OF FUNDAMENTAL DUTIES GIVEN IN ARTICLE 51A OF INDIAN CONSTITUTION

• a) To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
• b) To cherish and follow the noble ideals which inspired our national struggle for freedom.
• c) To uphold and protect the sovereignty, unity, and integrity of India.
• 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.
• f) To value and preserve the rich heritage of our composite culture.
• g) To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
• h) To develop the scientific temper, humanism, and the spirit of inquiry and reform.
• i) To safeguard public property and to abjure violence.
• j) 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.
• k) 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 and fourteen years.

DIFFRENCE BETWEEN FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES

This article has been written and submitted by Yash lodha student of BBA. L.L.B(h) at Jaipur national university, Jaipur