INDIAN CONSTITUTION AND

HUMAN RIGHTS

INDIAN CONSTITUTIONAL PHILOSOPHY –

FUNDAMENTAL RIGHTS AND
FUNDAMENTAL DUTIES

PROF. KARTHIK P
ASSISTANT PROFESSOR
DEPARTMENT OF BUSINESS ADMINISTRATION
ST. FRANCIS COLLEGE, KORAMANGALA
 FUNDAMENTAL RIGHTS
INTRODUCTION :
 The fundamental rights are the basic rights which are very much essential and
gives liberty, equality and justice.
 Part III of the constitution deals with Fundamental Rights.
 Article 12 to 35, guarantees certain fundamental rights and remedies.
 The main intention is to develop individual personality and maintains
democracy of the nation.
 It upholds the equality and dignity of an individual.
 Nehru called these fundamental rights as the “Conscience of the constitution”
 FUNDAMENTAL RIGHTS
INTRODUCTION :
 The concept of fundamental right was borrowed from USA.
 Initially there were 7 fundamental rights, but now it is reduced to six.
 The right to property is eliminated under Article 31 through 44 th Amendment
Act of 1978.
 Now right to property is made as legal right under article 300A in part XII of the
constitution.
 Except the fundamental rights guaranteed by article 20 & 21 all other
fundamental rights can be suspended.
 Freedom guaranteed by article 19 and other fundamental rights are
automatically suspended by President under article 359 in the country whenever
there is an emergency declared in the country under article 352.
 FUNDAMENTAL RIGHTS
TYPES OF FUNDAMENTAL RIGHTS:
 Right to Equality (Article 14-18)
 Right to Freedom (Article 19-22)
 Right against Exploitation (Article 23-24)
 Right to Freedom of Religion (Article 25-28)
 Cultural and Educational right (Article 29-30)
 Right to Constitutional Remedies(Article 32)
 FUNDAMENTAL RIGHTS
RIGHT TO EQUALITY (ARTICLE 14-18):
 According to this right, all are equal in the eyes of law and nobody is above or
supreme to law.
 Violation of law leads to punishment.
 This right do not allow to make any discrimination on the basis of caste, status,
place of birth etc.
 FUNDAMENTAL RIGHTS
RIGHT TO EQUALITY (ARTICLE 14-18):
 Article 14 guarantees all are equal.
 Article 15 prohibits discrimination against any citizen
 Article 16 guarantees equal opportunity in public employment
 Article 17 practice of untouchability in any form is a punishable offence
 Article 18 abolition of title, except military or academic distinction.
 Citizens of India are prohibited from accepting titles from foreign
countries without prior permission from central government.
 FUNDAMENTAL RIGHTS
RIGHT TO FREEDOM (ARTICLE 19-22):
 The constitution guarantees certain rights to citizens personal liberty.
 Article 19 guarantees freedom of speech, freedom to assembly, freedom to
form associations, freedom to move freely, freedom to reside and settle,
freedom to practice any profession or to carry on any trade, occupation or
business.
 Article 20 guarantees protection against conviction
 Article 21 protection of life & personal liberty
 Article 22 protection against arbitrary arrest and detention.
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RIGHT AGAINST EXPLOITATION (ARTICLE 23-24):
 The constitution guarantees right against exploitation.
 Article 23 forced labour is prohibited
 Article 24 No child below age of 14 years shall be employed to work in
any factory or mine or engaged in any other hazardous employment which
is likely to affect their health adversely.
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RIGHT TO FREEDOM OF RELIGION (ARTICLE 25-28):
 Article 25 freedom to profess practice and propagation (spread) of religion
 Article 26 right to establish and maintain institutions, manage its own
affairs in matters of religion, acquire movable and immovable property
 Article 27 no person is forced to pay any taxes for the promotion or
maintenance of particular religion
 Article 28 no religious instruction shall be imparted in any educational
institutions.
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CULTURAL AND EDUCATIONAL RIGHTS (ARTICLE 29-30):
 Article 29 right to conserve distinct language, script, culture
 Article 30 all minorities shall have the right to establish and administer
educational institution of their choice.
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RIGHT TO CONSTITUTIONAL REMEDIES (ARTICLE 32):
 Article 32 protection and enforcement of fundamental rights. A person can
approach Supreme Court with the request to protect fundamental right if
violated.
 Ambedkar says “It is the very soul of the constitution and the very heart of
it”
FUNDAMENTAL DUTIES
 FUNDAMENTAL DUTIES
LIST OF FUNDAMENTAL DUTIES:
Article 51A, Part IVA of the Indian Constitution, specifies the list of
fundamental duties of the citizens. It says “it shall be the duty of every citizen
of India:
 to abide by the constitution and respect its ideal and institutions;
 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;
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LIST OF FUNDAMENTAL DUTIES:
 to promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious, linguistic and regional diversities,
to protect 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, and wild-life 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;
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LIST OF FUNDAMENTAL DUTIES:
 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.
Further, one more Fundamental duty has been added to the Indian Constitution
by 86th Amendment of the constitution in 2002.
 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.