Fundamental Rights, Fundamental Duties and Guiding Principles of Politics
The preamble, its main pillars and distinctive features of the Constitution of India were studied in the previous chapter. In this chapter, we will get detailed information about the particularly important features of the Constitution such as Fundamental Rights, Fundamental Duties and Guiding Principles of State Policy.
Human Rights
It is extremely essential to create and maintain a social environment that is conducive to the existence of the individual and the all-round development of his personality, which is generally called human rights. In every democratic country, its citizens have been given some basic rights. In order for a person to enjoy all these rights without any discrimination, the protection of these rights has been guaranteed and they have been accepted by the society and the nation. As soon as a person is born as a human being, he becomes entitled to some basic rights, which are called human rights.
After the adoption of the Universal Declaration of Human Rights, some of the most important human rights were accepted and their protection was assured and the Constituent Assembly gave them a place of honor in the Constitution. Thus, the human rights which are included in the Constitution with legal backing are called fundamental rights.
These human rights have been declared with the aim of preserving the dignity of man as a human being. To sustain the existence of man, his minimum needs (bread, clothing, housing, education and health) can be obtained with dignity and respect. Moreover, the state has accepted and guaranteed its protection so that he can achieve all-round development, such a political and social environment. Such basic fundamental human rights are the basic identity of democratic governance.
Fundamental Rights
Fundamental rights are essential for the stability of the nation, the protection of individual freedoms, and protection against dictatorship. They are as follows:
(1) Right to equality (2) Right to freedom (3) Right against exploitation (4) Right to religious freedom (5) Cultural and educational
Rights (6) Right to constitutional remedies.
(1) Right to Equality: “Equality before the law” and “equal protection of the law” are two concepts included. Equality before the law means the absence of privileges in favor of any person or class. The same law will apply to persons placed in the same situation. According to this right, there will be no discrimination between persons on the grounds of caste, race, sex, place of birth, income or education.
They will be treated equally by the law, if a person from the rank of Prime Minister to a peon has committed an act against the law, he will be responsible for it on the same basis as an ordinary citizen and will be subject to the judgment of an ordinary court. However, some privileges have been given to the President or Governor etc.
Special legal provisions for women and children shall not be considered discrimination on the basis of sex. Similarly, it shall not prevent the State from making special provisions for the advancement of the Scheduled Castes, Scheduled Tribes and socially and educationally backward classes of the society. Separate provision of reserved seats for admission to government jobs or higher education shall not be considered a violation of the right to equality.
There shall be equal opportunity for all citizens in matters relating to appointment to public jobs of the States. However, the State has been given the freedom to determine the qualifications required for the job. By abolishing untouchability as a means of ensuring social justice and dignity of the individual, the practice of untouchability in any form is prohibited and becomes a punishable offence.
Titles and titles that created artificial discrimination in the society have been removed, such as the adjectives like Sir, Diwanji, Raobahadur that were used before the name have been removed. After independence, the government has given awards of distinction like Bharat Ratna, Padma Bhushan, Padma Vibhushan, Padma Shri to recognize the individuals who have made special contributions and achievements in different fields.
The adjectives like General, Major, Chief Marshal, Field Marshal that are used before the name in the military services are not considered a violation of the right to equality. Thus, through this right, the aim is to establish an equal society and the “rule of law” is established in India.
There may be different legal provisions for different groups or classes in respect of their specific services. For example, there are different laws for lawyers, doctors, teachers, insurance companies, women, minors. The principle of equal pay for equal work is also part of this article.
(2) Right to Freedom: The Constitution has granted six types of freedoms to the citizens of India which are as follows: (1) Freedom of speech and expression. (2) Freedom to assemble and hold meetings peaceably and without arms. (3) Freedom to form associations or unions. (4) Freedom to move freely anywhere in any part of India. (5) Freedom to reside and settle in any part of India. (6) Freedom to carry on any profession, occupation, trade or business.
This right is of special importance for the all-round development and expression of the personality of Indian citizens, for the smooth functioning of democracy, for a person to live a healthy and fit life. No person can exercise all these freedoms arbitrarily, unbridledly, and indiscriminately. The Constitution has made it clear that the State can place reasonable restrictions and limitations on these freedoms in the larger interest of society, for public peace and security. The Constitution has declared which freedoms are to be enjoyed within which limits.
The Indian citizen is granted the freedom to express his thoughts through speech and conduct. He can express them in writing, orally or through physical performance; but no one is allowed to act in an unlimited or arbitrary manner accordingly. Some reasonable restrictions or limitations have been placed by the Constitution. Such as the sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order i.e. in the interest of public peace, tranquility and safety, morality, decency, contempt of court, defamation, incitement to criminal violence, the state can place reasonable restrictions on the exercise of the right to these freedoms by law, considering the following matters. The power to decide whether these many restrictions are reasonable or not lies with the judiciary. The purpose of freedom of the press is to promote public interest through ideas and opinions; but this freedom is not mentioned separately. It is included in the freedom of expression.
A person cannot be punished if his act was not considered an offence at the time of the offence, nor can a person be punished more than once for the same offence. No person shall be detained in custody without being informed promptly of the reasons for his arrest, and shall not be denied the right to consult and defend himself through legal counsel of his choice. Also, arrest Every person arrested and detained shall be produced before the nearest Magistrate within twenty-four hours of his arrest. No person shall be detained in custody without the permission of the Magistrate.
The above provisions shall not apply to a person who has been arrested under the Preventive Detention Act.
Preventive Detention (Prohibitive Detention): If the state feels that a person is likely to commit a criminal act or activity, he can be arrested under the Preventive Detention Act as a precautionary measure. The purpose of this Act is not to punish the detainee for the act he has committed; but to prevent him from committing a criminal act against the state, society or any person. Under this Act, the power to detain a detainee for more than three months is not given. The detention order can be cancelled based on the opinion of the judges of the High Court or the Advisory Board. The state government can decide how long the detention can continue.
(3) Right against exploitation: The right to a life free from exploitation in which no person is exploited in any way by another person.
The main purpose of the establishment of society is the constitution which has been achieved through this right. The trafficking of children or women for immoral purposes, forced labor or slavery against one's will, unpaid labor and the centuries-old system of slavery are to be put to an end. It is a punishable offense to force or compel any person to work or perform work without pay or for wages less than the minimum wage.
No child below the age of fourteen years shall be employed in any factory, mine or hazardous occupation, construction, garage, hotel or lorry-wagon or as a domestic servant. It has been declared a punishable offence under the Child Labour Prohibition Act.
However, the State has the right to compel the service of any person, without distinction as to religion, race, sex, caste or class, for public purposes, military service or national duty, or in any field of social service. This service may be unpaid or paid.
(4) Right to Religious Freedom: The Constitution has enshrined the equal right of every citizen of India to profess, practice and propagate the religion of his choice according to his conscience; but this freedom is subject to reasonable restrictions not prejudicial to public order, morality and health. This includes the freedom to practice religious rites, prayers or worship.
The State in India does not have its own religion nor does the State of India operate on the principles or beliefs of any religion or sect. The State cannot interfere in the religious affairs and religious beliefs of any community. Religious groups are also given the freedom to establish institutions for religious and charitable purposes and to manage and administer them.
No public fund raised by State public taxation can be used for the benefit or advancement of any particular religion or sect. No religious education can be imparted in any educational institution run from Government grant, nor can participation in religious education or attendance at religious services be compulsory.
(5) Cultural and Educational Rights: People of different religions, languages and cultures live in India.
The people living in the territories of India have the right to preserve their own language, script, cultural identity and the class groups formed on the basis of it.
Any candidate who appeals to get votes for himself on the basis of religion, caste or language in an election shall be considered as an offence under Section 123(3) of the Representation of the People Act. The State may also grant educational facilities to minority institutions formed on the basis of any religion or language from the State fund.
If the State wishes to compulsorily acquire or take over the property of such minority institutions, it can do so only after providing necessary compensation. Thus, important provisions have been made in the Constitution with regard to educational institutions.
(6) Right to Constitutional Remedy: No matter how many good laws are enacted, fundamental rights are provided for;
But if it is not implemented properly, then such freedom or right has no meaning. Therefore, for the implementation of these rights, provision has been made in the Constitution, according to which the right to seek redress directly in the Supreme Court or High Court In this regard, the court has been given wide powers in the Constitution to issue appropriate orders, instructions or orders, decrees as it deems necessary. No one can object to this. If a complaint is made against a state for violation of fundamental rights, it is necessary for the Supreme Court to take appropriate measures.
Dr. Babasaheb Ambedkar has called this right “the soul of the Constitution”. Parliament can delegate the power to issue such orders to any other court by law. The Supreme Court can stop the State Legislature from enacting a law that violates or is inconsistent with the Fundamental Rights.
Thus, the fundamental rights enshrined in the Constitution are made available to the citizens of India. These rights are vested in the governments (Central and State). Fundamental rights are available to all citizens at all times; but in times of emergency, certain fundamental rights can be suspended. States cannot make any laws that take away the fundamental rights of any citizen.
Basic Duties
In India, people have been more conscious of duties than rights since ancient times. Just as citizens have been given some fundamental rights, some fundamental duties of citizens have been included in the constitution by amending it in 1976. The purpose of including duties in the fundamental duties was to create awareness among the citizens about patriotism, national sentiment, some high ideals and values and to commit the citizens for the progress of the nation. It is to remind the citizens of the duty of maintaining peace, security, goodwill, harmony and communal harmony in the society by making every citizen contribute to the best of his ability in protecting the unity, integrity and sovereignty of the nation. These duties are shown on the first page of the textbooks.
(1) To abide by the Constitution and to respect the ideals and institutions expressed in the Constitution, as well as the National Anthem and the National Flag.
(2) To respect the noble ideas and inspiring ideals of the freedom struggle and to act accordingly.
(3) To uphold and protect the sovereignty, unity and integrity of India.
(4) To be ready and enthusiastically join in protecting the country and serving the nation when needed and called upon.
(5) To promote the spirit of brotherhood among all the people of India, to establish harmony among the people and to renounce practices that are offensive to the dignity of women.
(6) To preserve the rich and diverse cultural heritage of the nation.
(7) To protect and enrich the natural environment including forests, lakes, rivers and wildlife and to have compassion for living beings.
(8) To develop scientific approach, humanism and inventiveness.
(9) Protect public property and renounce violence.
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