FUNDAMENTAL RIGHTS AND FUNDAMENTAL

DUTIES
Q. 1. What are Fundamental Rights?
Ans. Fundamental Rights are those basic conditions of social life without which a citizen cannot be at his best
self or those basic conditions which are very essential for the good life of a citizen.

Q. 2. From which constitution of the world have we borrowed the concept of Fundamental Rights
Ans. We have borrowed the concept of Fundamental Rights from U.S.A. which was the first country in the
world, to include a Bill of Rights in its constitution.

Q. 3. In which part of the Indian Constitution the Fundamental Rights have been included?
Ans. In Part III of the Constitution.

Q. 4. Are the Fundamental Rights justiciable?

Ans. Yes.

Q. 5. What do you mean by the word 'justiciable'?

Ans. It means that the citizens can seek the assistance/intervention of the courts for the enforcement of their
Fundamental Rights under article 32 (Supreme Court) and article 226 (High Courts).

Q. 6. Can the Fundamental Rights be suspended?

Ans: Yes. The Fundamental Rights can be suspended during the Emergency under Article 359 of the
Constitution by the President of India.

Q. 7. Are these Rights absolute ?

Ans. No. The Fundamental Rights are not absolute. Certain restrictions can be placed on them ill the interest
of security of the state, public order, friendly relations with foreign states to prevent defamation, contempt of
courts, incitement to an offence and to maintain decency or morality.

Q. 8. What do you mean by natural rights?

Ans. Natural rights are the inherent rights which man is supposed to have enjoyed in the state of nature
before establishment of the State by him.

Q. 9. Does our Constitution provide for the natural rights?

Ans. No. Our Constitution does not grant the natural rights to the citizens. But the constitution of U.S.A. grants
natural rights also to its citizens in addition to Fundamental Rights.

Q. 10. Is right to work included in our Constitution?

Ans. No. This right has not been granted to the Indian citizens. But the Directive Principles of State Policy
enjoin the State to secure the right to work to citizens.

Q. 11. Is there any provision for any Duties under our Constitution?
Ans. Yes. Although originally there was no provision regarding duties in our Constitution but under the 42nd
Amendment, ten fundamental duties have been incorporated for the First time in our Constitution in Part IV A
under article 51. We have borrowed the concept of duties From the Constitution of 3rstwhile U.S.S.R.

Q. 12. Can the Parliament of India amend the Fundamental Rights?

Ans. Yes. Under the 24th and 42nd Amendments, the Parliament has been given the absolute right to amend
 any part of the Constitution including the Fundamental Rights without altering the basic structure of the
Constitution.

Q. 13. Enumerate and discuss briefly the Fundamental Rights granted to the citizens of India by the
Constitution.
Or
Explain briefly the basic rights included in the Constitution of India.
Ans. Nowadays it is a custom to grant to the citizens of a country fundamental rights especially under a
written constitution. U.S.A. was the first country in the world to make a provision for the Bill of Rights for its
citizens. The very first ten amendments in the constitution of U.S.A. were made to include the Bill of Rights.
The constitutions of former U.S.S.R. and Japan have also provided fundamental rights to their citizens.
The following points should be remembered regarding the fundamental rights enumerated in our Constitution:
(i) The Fundamental Rights are contained in Part III of the Constitution.
- (ii) The Fundamental Rights contain twenty four Articles from Article 12 to 35.
(iii) In the above Articles not only the rights have been defined elaborately but limitations thereof have also
been laid down.
(iv) Because of these limitations, and reservations, a critic has contended the part III of the constitution
entitled Fundamental Rights should be called the 'Fundamental Rights and limitations Thereon.'
(v) Due to these very restrictions it has been contended them that the Indian Constitution which has
granted the fundamental rights with one hand has taken them away with the other hand.
(vi) In our Constitution only specific rights included in the Constitution have been granted. There is no
concept of natural rights included in our Constitution unlike U.S.A.
(vii) The Fundamental Rights as stated are not absolute. Limitations can be imposed on them in the interest
of security of the state, public order, friendly relations with foreign states to prevent defamation, contempt of
courts, incitement to an offence and to maintain decency or morality.
(viii) These Fundamental Rights can be suspended during emergency by the President of India under
Article 359.
(ix) The Fundamental Rights are justiciable. Under Article 32 of the Constitution, a person can go to the
Supreme Court for the enforcement of these rights. Similarly, under Article 226 a person can go to the High
Courts for the enforcement of these rights within their territorial jurisdiction.
(x) These rights can be amended by the Parliament.
(xi) But in U.S.A. the Fundamental Rights can neither be amended nor suspended nor abrogated.
(xii) In India, more emphasis has been given to the political and social rights whereas in erstwhile U.S.S.R.
the economic rights have been given more importance.
(xiii) There is no right to work in our Constitution whereas work is both a 'right and a duty in the constitution of
CIS (erstwhile U.S.S.R.)
Following are the Fundamental Rights granted under the Constitution of India:

(i) Right to Equality

Articles 14 to 18 of the Indian Constitution have been devoted to the Right to Equality. This right ensures
social and political equality to the citizens of India. The Right to Equality means the following things:
(a) Article 14 guarantees to all persons equality before the law and equal protection of laws within the territory of
India. This Article asserts the supremacy of law or Rule of law.
(b) Every citizen irrespective of his status is subject to the same law and the same courts. Any law which is
discriminatory in its character will be held unconstitutional.
(c) According to Article 15 the state shall not discriminate against any citizen on grounds only of religion, race,
caste, sex or place of birth.
(d) The citizens will not be subjected to any disability on any of the above mentioned grounds in regard to
 access to shops, hotels, places of public entertainment or the use of wells, tanks, ghats, roads and other
public places wholly or maintained out of state funds.
(e) Article 16 has guaranteed equality of opportunity in matters relating to employment or appointment to public
services to all citizens irrespective of religion, race, sex, descent, place of birth or residence.
(f) Article 17 has declared untouchability in any form as unconstitutional.
(g) Article 18 has laid down that no titles, not being military or academic distinction, shall be conferred by the
State.
(h) But nothing in the above Article 16 will prevent the state from making any provision for the reservation of
appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not
adequately represented in the services under the State.

(ii) Right to Freedom

Articles 19 to 22 of the Constitution cover the Right to Freedom. Out of these, Article 19 is the most important.
Under this Article, the following freedoms are guaranteed to the citizens of India:
(a) Freedom of speech and expression;
(b) Freedom to assemble peaceably and without arms;
(c) Freedom to form associations or unions;
(d) Freedom to move freely throughout the territory of India;
(e) Freedom to reside and settle in any part of the territory of India;
(f) Freedom to practice any profession, or to carry on any occupation, trade or business.
But nothing in the above shall prevent the state from making any law, insofar as such law imposes
reasonable restrictions in the interest of the sovereignty and integrity of India or the security of state, friendly
relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation
or incitement to an offence.
The other three Articles protect the individual's life and liberty as under:
(a) Article 20 states "No person shall be convicted of any offence except for violation of a law in force at the
time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that
which might have been inflicted under the law in force at the time of the commission of the offence".
(b) No person shall be prosecuted and punished for the same offence more than once.
(c) No person who is accused of any offence, shall be compelled to be a witness against himself.
(d) Article 21 states that no person shall be deprived of his life or personal liberty except according to procedure
established by law. The Supreme Court has held in Maneka Gandhi Vs. Union of India (1978) that the
aforesaid procedure must not be arbitrary, unfair or unreasonable.
(e) Article 22 states that no person who is arrested shall be detained in custody without being informed, as soon
as may be, of the grounds for such arrest nor shall he be denied the right to consult a legal practitioner of his
choice.
(f) Every person who is arrested and detained in custody without the authority of a magistrate shall be
produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time
necessary for journey from place of arrest to the court of the magistrate.
(g) Of course, the above does not prevent the state from enacting the law for preventive detention with certain
safeguards like the Advisory Board, etc.

(iii) Right against Exploitation

Article 23 and 24 deal with this Right.
(a) Under Article 23, traffic in human beings and begar and 9ther similar forms of forced labor are prohibited
and any contravention of this provision shall be an offence punishable in accordance with law.
 (b) Of course, nothing in the above Article shall prevent the state from imposing compulsory service for public
purposes, and in imposing such service, the state shall not make any discrimination on grounds only of
religion, race, caste or class or any of them.
(c) Article 24 says that "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."

(iv) Right to Freedom of Religion

This right has been dealt with under Articles 25-28. Following are the main points:
(a) Article 25 gives freedom of conscience and freedom to profess, practice and propagate any religion subject
of course to public order, morality and health.
(b) Article 26 grants every citizen the right to establish and maintain institutions for religious and charitable
purposes, to manage its own affairs in matters of religion, to own and acquire movable and immovable
property and to administer such property in accordance with law.
(c) Under Article 27 "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".
(d) Article 28 states "No religious instruction shall be imparted in any educational institution wholly maintained
out of State funds." But the educational institutions established by trusts or endowments and managed by
them would be free to impart any religious instruction in them as they deem essential.
The Articles relating to the freedom of religion have helped to establish a Secular State in India with the
State adopting an attitude of strict impartiality in matters of religion.

(v) Cultural and Educational Rights :

Articles 29 and 30 deal with these rights. These articles ensure, to every section of the citizens, the protection
of their language, script or culture.
(a) Article 29 states that "Any section of the citizens residing in the territory of India or any port thereof
having a distinct language, script or culture of its own shall have the right to conserve the some."
(b) No citizen shall be denied admission into any educational institution maintained by the State or
receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.
(c) Article 30 states that "All minorities, whether based on religion or language, shall have the
right to establish and administer educational institutions of their choice."
(d) The State shall not, in granting aid to educational institutions, discriminate against any educational
institution on the ground that it is under the management of a minority, whether based on religion or language.

(vi) Right to Constitutional Remedies

(a) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights
conferred by the Constitution has been guaranteed under Arlicle 32.
(b) The Supreme Court shall have the power to issue directions or order or writs including writs in the
nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari whichever may be appropriate,
for the enforcement of any of the rights conferred by this Part.
(c) The right guaranteed by this Article shall not be suspended except as otherwise provided for by the
Constitution.
(d) This right can only be suspended during an Emergency by the President of India under Article 359.
(e) These above-mentioned writs can also be issued by the High Courts for protecting Fundamental
 Rights under Article 226 of the Constitution within their territorial jurisdiction.

(f) This right relating to constitutional remedies was rightly described by Dr. Ambedkar as the "heart and soul of
the Constitution". This description is quite justified as in the absence of this right all other rights are of no
consequence since they could not be enforced. This right makes the other rights as justiciable.

Right to Property
Originally the Constitution laid under Article 31 that "no person shall be deprived of his property except by
authority of low and on payment of compensation". But this Article 31 has been repeatedly amended in 1951,
1955 (Fourth Amendment Act), 1971 (Twenty-fifth Amendment), 1976 and 1978 and finally it was omitted as a
fundamental right and it was made only a legal right. It was, however, ensured that the removal of the right of
property, would not affect the right of minorities to establish and administer educational institutions of their
choice.
Under the Twenty-fifth Amendment of the Constitution, Article 31 states that
(a) No person shall be deprived of his property save by authority of law.
(b) No property shall be compulsorily acquired or requisitioned save for a public purpose and save by
authority of law which provides for acquisition or requisitioning of the property for on amount which may be
fixed by such low or which may be determined in accordance with such principles and given in such manner
as may be specified in such low, and no such low shall be called in question in any court on the ground that
the amount so fixed or determined is not adequate or that the whole or any part of such amount is to be given
otherwise than in cash.
(c) The Twenty-fifth Amendment of the Constitution was not wholly upheld by the Supreme Court in its
judgement -delivered in the case of Keshava Nand Bharti.
(d) As the validity of the Twenty-fifth Amendment was not very clear, therefore, under the Forty-second
Amendment once again the replacement of the word 'compensation' by the word 'amount' was reiterated. The
power of the Supreme Court to nullify any constitutional amendment passed by the Parliament was also taken
away.
(e) Thus the right of the courts to decide about the reasonability of rate of compensation paid for the property
acquired by the State for public purposes-which was claimed by the courts in their judgements in the case of
Golak Nath and Bank Nationalisation case-has been ended finally under the Forty-second Amendment of the
Constitution.
(f) The forty-third Amendments Act 1978 deleted articles 19(1) (6) and article 31 (1) relating to the right to
property from the list of the fundamental and substituted it by article 300 A which enjoins that no person shall
be deprived of his property save by authority of law.

Q. 14. What was the decision of the Supreme Court in the case of Golak Nath vs. The State of
Punjab regarding the amendment of the Fundamental Rights by the Parliament?
Ans. In the beginning, the Supreme Court had recognised the power of the Parliament to amend the
Fundamental Rights. But in the case of Golak Nath vs. The State of Punjab (1967) the Supreme Court
declared that the ordinarily elected Parliament had no right to amend the Fundamental Rights included in the
Part III of the Constitution which were quite sacred. The judgement of the Supreme Court laid down that
although the past amendments of the Fundamental Rights were to be valid as upsetting them would mean
that a lot of administrative decisions would be affected but in future the Parliament will not have any right to
amend the Fundamental Rights.
The Supreme Court further declared that a Constituent Assembly should be convened to amend the
Fundamental Rights.

Q. 15. What was the main purpose of the Twenty-fourth Amendment of the Constitution?
Ans. The main purpose of this Amendment was to counter the effects of the decision of the Supreme Court
in the case of Golak Nath vs. The State of Punjab and restore back to Parliament its right to amend any part
of the Constitution including the Fundamental Rights, included in Part III of the Constitution.

Q. 16. What was the judgement of the Supreme Court regarding Parliament's right to amend the
Fundamental Rights in the case of Keshava Nand Bharati ?
Ans. The Supreme Court gave its historic judgement in the case of keshava Nand Bharati who was the
head of a Math in Kerala. He had challenged the right of the Parliament to amend the Fundamental Rights as
per the decision of the Supreme Court in the case of Golak Nath given in 1967. This famous judgement in the
case of Keshava Nand Bharati was delivered in 1973. The Supreme Court upheld the Twenly-fourth
Amendment of the Constitution and gave back to Parliament the right to amend any part of the Constitution
including Part III of the Constitution in which the Fundamental Rights are enshrined. But it also declared that
the Parliament had no right to amend the basic structure of the Constitution.

Q. 17. What is the latest position under the Forty-second Amendment of the
Constitution in this regard?
Ans. Under the forty -second Amendment of the Constitution, the supremacy of the Parliament has been
established. The Parliament has been given absolute right to amend any part of the Constitution including the
Fundamental Rights. The Supreme Court cannot challenge any Amendment passed by the Parliament of
India provided the Amendment does not alter the basic structure of the Constitution. Thus, under this
Amendment in place of the supremacy of the Constitution, the supremacy of the Parliament has been
established to a large extent.

Q. 18. What are those Fundamental Rights which have only been granted to the citizens of India?
Ans. There are certain rights in our Constitution which have only been granted to the citizens of India and
denied to non-citizens. These are as follows:

(i)Under Article 15: Prohibition of discrimination on grounds of religion, race, caste, or sex, or place of birth.

(ii) Under Article 16 : Equalily of opportunily in matters of public employment.

(iii)Under Article 19:

(a) Freedom of speech, assembly and association;

(b) Freedom to move, reside and settle in any part of the territory of India.

(c) To practice any profession, or to carry on any occupation, trade or business.

(iv) Under Article 29:
(a) Right to conserve a distinct language, script or culture;
(b) The right to the protection of minority interests.

Q. 19. What are the rights under our Constitution which are available even to the non-citizens ?
Ans. There are certain rights which are available even to the non-citizens.
These are as follows:
(i) Under Article 14: Equality before law.
(ii) Under Article 20-22: Protection of life and personal liberty, also protection against ex-post facto
penalisation.
(iii) Under Article 23: Prohibition of slavery and forced labor.
(iv) Under Article 25: Freedom of conscience and the right to profess, practice and propagate any religion.
(v) Under Article 32: Right to constitutional remedies.

Q. 20. What are the Fundamental Duties included in our Constitution under the Forty-second
Amendment?
Ans. Rights and duties go together. Without duties there can be no rights. However, there was no mention
of duties in our Constitution originally. Of course, in the constitutions of erstwhile U.S.S.R. and Japan not only
rights have been provided to the citizens but certain duties have also been imposed on the citizens.
 For the first time, under the Forty-secondAmendment ten Fundamental Duties for the citizens of India have
been incorporated in our Constitution. These duties have been included in Part IV A, under Article 51 of the
Constitution. These are as under:
(i) To abide by the Constitution and respect its ideals and institutions, the National Flag and the National
Anthem.
(ii) To cherish and follow the noble ideals which inspired our national struggle for freedom.
(iii) To uphold and protect the sovereignty, unity and integrity of India.
(iv) To defend the country and render national service when called upon to do so.
(v) 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.
(vi) To value and preserve the rich heritage of our composite culture.
(vii) To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have
compassion for living creatures.
(viii) To develop the scientific temper, humanism and the spirit of inquiry and reform.
(ix) To safeguard public property and to abjure violence.
(x) To strive towards excellence in all spheres of individual and collective activity, so that the nation constantly
rises to higher levels of endeavour and achievement.