Chapter Theme: The Constitution of India

Citizenship: Fundamental
2 Rights and Duties
Our role as citizens

INFOCOcuS Smooth functioning of democracy

Rights of citizens
Duties of citizens

MOve Look at the pictures given below. They depict some of our rights and duties.

forward ldentify and write them.

WHAT IS CITIZENSHIP?
(Citizenship can be defined as a legal relationship which binds an individual to the state, of which he/she
is a member. An Indian citizen is only a citizen of India and cannot be a citizen of any ocher country

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America has a concept of dual citizenship. An American is a cituzen of not only the state in which
he/she resides, but also of the count1ry.
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WHO IS A CONCERNED CITIZEN?

esponsibility as a concerned citizen implies that a citizen is

5ocially aware, responsive, committed and activeCentral to
functioning as a concerned ciuen in a democratic society, is
the right to frecdom of speech)This right enablesis to share
Views openly in public and through the mediU hey can help
Tostering, public opinion about the performance of the Concerned citizens are responsible citizens

175
 gOvernment) P'eople at large should be able to understand the policies framed by the governmens
t
and, as a group of concerned citizens, should be able to support or vote the governmentout of power
ections form an important part of a democracy We have the right to vote. It is theretore, our dun
ty
to exercise this right
Democracy is based on the rule of the people. Hence, every democratic government seeks to guarantee
Cv berties to its citizens without any discrimination. This is done by including Fundamental Rights
in the Constitution. It is important for a good citizen to remember that rights and duties go hand- in.

hand and are like two sides of the same coin.

d
The framers of our Constitution were inspired by important historical documents like the
Declaration of the Rights of Man (the Constitution of revolutionary France) and the Declaration
of Rights of the American colonies. The UN Charter also makes it obligatory for all member
nations to ensure basic human rights to their citizens.
e ee

FUNDAMENTAL RIGHTS
Al ,
undamental Rights are the basic rights whigh are absolutely essential for th all-round development
of an individual and make life worthlivingheygannot be altered or removed by any simple proces
Chese rights are essential for the smooth functioning of a democratic republic, and for the social,
economic, political and cultural development of the nation
In Indian society, where caste hierarchies are prevalent almost everywhere, the enforcement of
Fundamental Rights could make itpossible for the weaker ections to express their aspirations freely
and also enjoy social dignity, thus removing social tensionsThe Fundamehtal Rights are as follows:
A4u A2
Right to Equality_R,
(All the citizens living in India are equal before the law
the2 state cannot
discriminate against any
one on the basis
of gender,
religion, caste, race or place
of birth
here is no discrimination
on grounds of religion,
sex or caste with regard to
access to shops, restaurants,
public places or in the
use of wells, tanks and
Gender equality
public transport
civil liberties:freedom of action and speech subject to the law

176
 . otfices
Al citizens have equal opportunities with regard to employment in góvernment
or

admission to government institutions, on the basis of merit and qualification

is an offenceagainst
The practice of untouchability is apunishable offence, as untoúchability
human dignity.)Gandhiji fought against untouchability throughout his political career
the
Bahadur, Nawab-all such tiles conferred by the British are against
Maharaja
Rai or
titles like
were abolished) Only military
principle of social equality. Therefore, these titles
Colonel and academic titles like Doctor or Professor can be awarded
Major,
Right to Freedom
Freedom
The Right to

Civil liberty and

ensures
individual from
protects the
the repressive acts of the

government. Al citizens
of India are guaranteed six
types of freedom.

Freedomotspeech and

expression: Every Citizen

has the right to freedom of
speech and expression. His/
her views may be articulated

through the press in the

form of books, writings in
newspapers and magazines
Citizens gathering for a peacefulprocession
or through public speeches.
However, he/she cannot
incite people to violence, to defame others or to endanger the securitv and unity
misuse this right to
of India.

Freedom to assemble peacefully without arms:

Processions and public meetings should be held without
violence that may threaten law and order.
carrying any arms or indulg1ng in
can also form association to address their grievances
Right to form associations and unions: People
an

interests. The government may, however, impose reasonable restrictions

or to protect their definite
of the state or to stop any immoral or
on the enjoyment of this right in the interests of the safety
illegal activity.
of India is entitled to move freely and settle through the
Right to free movement: Every citizen
territory of India for work or business.
Freedom to reside or settle in any part of India: An Indian citizen can reside in any part of the country,
buy, sell or transter his properry.
An Indian citizen
Freedom to practise any profession and carry
on
any occupation, trade or business:
Can practise any profession or carry on any business, trade or occupation provided it is not harmful to
public interest or immoral in nature, e.g. smuggling or trafficking of children.

177
 AlY
Right Against Exploitation
tzens ot lndia cannot be forced ta work aeainst their will or without payment. Children under the

be torcedwork. Ther can be protected under

their right agaitnst exploitation of
OCannot to
any kind. Esamples of many such children abound in our country.

Aboy working at a loom and girls working in a brick factory

A
Right to Freedom of Religion
n a country like ours, where there are many religious communities, the Constituti0n guarantees that
all religions enjoy equal status as religion is treated as a personal concern of the individual. Thus, the
government maintains a secular stance with regards to rel1gron.

Sri Hajoor Sahib in Nanded is an

important place of worship for the
Sikhs

178
ne To Ihink.
when
Why does the Indian state maintain a secular stance? Can you think of any instances
the state intertered in matters of reliqion?
ATy
Cultural and Educational Rights
their
order protect and safeguard
languages, cultures and religions. In
to
of
ndia has people many
freedom to preserve and promote
their
and script, minorities have been granted the
anlture, language
and open their educational institutions.
Anguages and traditions,

Constitutional Remedies
Right to But rights these are

Constitution provides us with an impressive list of Fundamental Rights. a

Our the states, groups or
unless there is a court to prevent the violation of these rights by
meaningles, the court for the protection of their
Constitution guarantees people the right to move
person. The
Fundamental Rights.

The Supreme Court of India, New Delhi

A9
Right to Education
Fundamental Right by the Right to Education Act of 2002,
The Right to Education was made a
Indian child between the age of 6 to 14 years is entitled
Article 21A of the Indian Constitution. Every
made it compulsory for all private schools to reserve some
seats
to free education. The government has
admitted without any interviews.
for underprivileged children and they are to be

others in their society in terms of race, religion, language, culture

minorities: relatively small groups of people dijferingrom
and customs

179
 Limitations one should exercise
limitations
are some to our rights, Although
freedom is essential, ones
nere with responsibility, so that others are not harmed. For example, we have the right to criticise
rights
However, in order to prevent lawlessnes and
8Overnment policies in newspapers and magazines.
curtailed or even restricted in the interest
anarchy, the right to form associations or unions may be
example, person may
sometimes be detained or arrest.ed
or public safety, during war or a crisis. For a

under special laws such as the Essential Services Maintenance Act (ESMA).,

English word riht' (adjective and

word Right' oriqinated from the Old,
(OEothe The
origin; related to Latfi
O D houn), rihtan' (verb),
'rihte' (adverb), of GermniC
root genoting movement in
RWord 'rectus'or 'ruled, from an Indo-European
a straight line.

FUNDAMENTAL DUTIES
the State. While
enjoying
Rights have been described the claims of an individual, recognised by
as

our rights most of us forget that we also have some

duties towards our society and the state. Rights
and duties are inseparable. Every right has a corresponding duty.
While enjoy1ng our right freedom
to

the sanç freedom. Duties are the

of religion, it also becomes our duty to see that we allow others

obligations of the citizens towards their state. A list terFundamental be the

of Duties was included in the
this article, it shall duty of every citizen
Constitution by the 42nd Amendment 1976.]Under
in
of India:
Constitution and respect its ideals and institutions,
the national flag and the
to abide by the
national anthem

We should respect our national flag

hoFry H3L
cherish and follow the noble ideals, which inspirgd our struggle for freedom
to promote harmony and the spirit of cor brøtherhood amongst all the people of Ind
on

Transcending religious, linguistic, regional or sectional diversities; to renounce practic

derogatory to the dignity of women

180
 to uphold and protcct the sovercignty, unity and integrity f Ineda)
Oto defend the cou
to defend country and render national scrvir when allrd uprn t r tra

to value and preserve the rich hentape of our ompostr (ulture

to protet and inprove our national environment inludng forrsts, lakes, tivrts stird wildlie

and to have Compassion for living Teatures

uientific temperanent, humanisn and the spirit of inquty, stird
develop a
to
utn
to sateguard public property and to abjure violcnoe
tostrive twards czccllence in all pheres of individual andd erollee tive at 1ivity,u that thr natinti
consiantly ies to highier levels ofendeavut/and ar hievrnent
These dutics are not cnforceable but, as responstble citivcns, it 1 itjf ibliyati0iti t O O
perkorm thcse duties sincerely

; Thee has heen O1ly on 111at1

: clected govemmef furted atufhieonifatia

theLok Sabha clection due i 19/
Till 1978, we had ote t m o f undattet,fal b

Istof undamer)tal Rights hy the 44t1h 7m

Citizens should render national service when called

upon to do so

abjure:stay away or reject

MEXERCISES
A. Fill in the blanks.
The Constitution of India mentions Fundamental Rights.
Right Against Exploitation mentions that no child below the age of
should be employed in any factory or mine.
3
. t isour dury to abide by the Conchlot
4. If any individual, institution or even the government violates our Fundamental Rights
We can to the
go GubeDe. ALT
5. A list of ten Fundamental Duties was included in the Constitution by the
4mAneno in
met Ac
BB. Match the following:
1. Fundamental Rights are a. duty to safeguard public property.
2. It is our b. enforceable through court of law.
3. The Indian Constitution C. includes six types of freedom. 5
4.
4.
Right to Equality d. has adopted the system ofsingle citizenship. 3.
5. Right to Freedom e. abolishes untouchability.

C
C. Write (T) for true and (F) for false.
1. Safeguarding public property is a Fundamental Right.
2. To form associations unions is
or a Fundamental Duty.
3. Rights and duties are like two sides of the same coin.
4. An Indian citizen reside in any part the
can
of country, except in the state of Bihar.
. Freedom to assemble peacefully withour arms is a
Fundamental Duty.
D. Answer the following questions.
How do Fundamental Rights ensure that an individual
2 grows freely? F-
Why does it become necessary t suspend the
Fundamental Rights sometimes?
3. What are Fundamental
Rights? Name any two of them.
L 4. Ifa boy of 10 years is thrown out of
school because he
working as a labourer, which Fundamental belongs to a low caste and starts
Right gets violated?
5. Why did the Indian Constitution include
Cultural and Educational
Oz6. Enlist any five Fundamental Duties.
|9DD Rights?
7. Rights and dutics are like two sides of the same coin.
Explain,

182
E. Explain briefly.
1. Right to Equality
2. Right to Frecdom
3 Right to Constitutional Remedies

E. Photo study questions

Look at the picture and answer the following questions.

T
1. Which Fundamental Right is being violated in
this picture? Rit tip
What provision do we have for the protection
of children? (dC e co
3. Ideally, what should these children be doing? (

project Write down any five areas where you would like to exercise your right and also
write the corresponding duty.
Work

http://www.importantindia.com/1998/list-of-fundamental-duties-in-indian-
web constitution/

ooo0e http://www.factS-about-india.com/fundamental-rights-in-lndia php

Narrate any recent incident where you think a Fundamental Right was violated.
w ACTIVITY
WTIME

o s a Concer npain.
2
Epp b R Eaualiry,Fy-
Furdornet utes. e
So/8
Nny 5