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| Fundamental Rights are certain basic human rights which every citizen of India has the right to enjoy for a proper and harmonious development of their personality. Directive Principles are guidelines to the government to be kept in mind while framing laws and policies. Fundamental Duties are moral obligations on all citizens of India which help promote a spirit of patriotism and uphold the unity, integrity and sovereignty of India. Together, these three are what make India a true democracy and are, hence, one of the most important parts of the Constitution of India. This article needs to be cleaned up to conform to a higher standard of quality. ...
Fundamental Rights
They are [1]:
Right to Equality
- before law and equal protection of laws;
- irrespective of religion, race, caste, sex or place of birth;
- of opportunity in public employment;
- by abolition of untouchability and titles.
Right to Freedom - of expression, assembly, association, movement, residence and profession;
- of certain protections in respect of conviction for offences;
- of protection of life and personal liberty;
- of free and compulsory education for children between the ages of six and fourteen years;
- of protection against arrest and detention in certain cases.
Right against exploitation - for prohibition of traffic in human beings and forced labour;
- for prohibition of employment of children in hazardous jobs.
Right to freedom of Religion - freedom of conscience and free profession, practice and propagation of religion;
- freedom to manage religious affairs;
- freedom as to payment of taxes for promotion of any particular religion;
- freedom as to attendance at religious instruction or religious worship in educational institutions wholly maintained by the State.
Cultural and Educational Rights - for protection of interests of minorities to conserve their language, script and culture;
- for minorities to establish and adminster educational institutions of their choice.
Right to Constitutional Remedies The Fundamental Rights embodied in the Indian constitution acts as a guarantee that all Indian citizens can and will lead their lifes in peace as long as they live in Indian democracy. These civil liberties take precedence over any other law of the land. They include individual rights common to most liberal democracies, such as equality before the law, freedom of speech and expression, freedom of association and peaceful assembly, freedom of religion, and the right to constitutional remedies for the protection of civil rights such as habeas corpus. In law, a writ is a formal written order issued by a government entity in the name of the sovereign power. ...
The Supreme Court of India is the highest court of the land as established by Part V, Chapter IV of the Constitution of India. ...
This article needs to be cleaned up to conform to a higher standard of quality. ...
These rights are fundamental because they are certain basic human rights which every human being has the right to enjoy for a balanced and harmonious growth of his or her personality. These rights are guaranteed in the constitution and help in the growth and development of responsible citizens. The constitiution provides for safeguards against any violation of these rights. They can be enforced in a court of law, hence they are justiciable rights. They check the government from making laws that go agianst these rights. Also, they check against various forms of exploitation which thake place against women, children and minority communities.
In addition, the Fundamental Rights for Indians are aimed at overturning the inequities of past social practices. They have also been used to in successfully abolishing the "untouchability"; prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth; and forbid trafficking in human beings and also the forced labor. They go beyond conventional civil liberties in protecting cultural and educational rights of minorities by ensuring that minorities may preserve their distinctive languages and establish and administer their own education institutions.
Originally, the Right to Property was also included in the Fundamental Rights; however, the Forty-fourth Amendment, passed in 1978, revised the status of property rights by stating that "No person shall be deprived of his property save by authority of law." Freedom of speech and expression, generally interpreted to include freedom of the press, can be limited "in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence" 1978 (MCMLXXVIII) was a common year starting on Sunday (the link is to a full 1978 calendar). ...
Right to Equality Right to Equality is a very important right given in Part III of the Indian Constitution which makes India a true democracy. It guarantees the following: The Constitution of India, the worlds lengthiest written constitution (with 395 articles and 8 schedules) was passed by the Constituent Assembly on November 26, 1949. ...
Equality before Law
The Constitution guarantees that all citizens will be equally protected by the laws of the country. It means that the state cannot discriminate against a citizen on the basis of caste, cree, colour, sex, religion or place of birth.
Social equality and equal access to public areas
No person will be discriminated on on the basis of caste, colour, language etc. Every person will have equal access to public places like public parks, museums, wells, bathing ghats and emples etc.
Equality in matters of public employment
The state also cannot discriminate against anyone in the matters of employment. All citizens can apply for government jobs. But the right to equality contains exceptional provisions too. The constitution provides for special provisions in the form of reservation posts while guaranteeing right to equality. Reserve posts are provided for scheduled castes, scheduled tribes and other backward classes. Similarly, special provisions are for women and children. In South Asias caste system, an untouchable, dalit, or achuta is a person outside of the four castes, and considered below them. ...
Tribal peoples in India comprise a substantial minority of the population of India. ...
Abolition of untouchability
Right to equality in the constitiution has also abolished the practice of untouchability. Practice of untouchability is and offense and anyone doing so can be punishable by law. In South Asias caste system, an untouchable, dalit, or achuta is a person outside of the four castes, and considered below them. ...
Abolition of titles
The constitution has abolished titles except military and academic ones. Academic organizations typically have a rather rigid set of ranks. ...
Right to Freedom The right to freedom guarantees the following freedoms - Right to speech and expression
- Right to assemble peacefully without arms
- Right to form associations or unions
- Right to move freely throughout the territory of India
- Right to reside and settle in any part of the territory of India
- Right to practise any profession or to carry on any occupation, trade or business.
The right to life and personal liberty is also included in this right. According to this right no one can be awarded punishmentwhich is more than hat the law of the land prescribes at that time. No citizen can be denied his life and liberty except by law. this means that a person's life and personal liberty can only be disputed if that person has committed a crime.
No one can be arrested without being told the grounds for such an arrest. If arrested the person has the right to defend himself by a lawyer of his choice. Also an arrested citizen has to be brought before the nearest magistrate within 24 hours.
However, there is an exception to this general provision. Under preventive detention, the government can imprison a person for some time. It means that if the government feels that a person being at liberty can be a threat to the law and order or to the unity and intgrity of the nation, it can detain or arrest that person to prevent him from doing this possible harm. But preventive detention can be extended only for three months. After three months such a case is brought before an advisory board for review. Preventive detention is a system in which the citizens of a country can be arrested without being told the grounds for the arrest. ...
No person can be convicted twice for the same offence. (see Double jeopardy). Double jeopardy is a procedural defense (and, in the United States and India, a constitutional right) that forbids a defendant from being tried a second time for a crime, after having already been tried for the same crime. ...
Besides these, by the 86th constitiutional amendment, right to education has been made one of the fundamental rights under right to life and personal liberty by the 86th constitutional amendment of 2002. 2002(MMII) is a common year starting on Tuesday of the Gregorian calendar. ...
The constitiution also imposes restrictions on these rights. The government restricts these freedoms in the interest of the independence, sovereignty and integrity of India. In the interest of morality and public order, the government can also impose restrictions, However the right to life and personal liberty cannot be suspended. The six freedoms are automatically be suspended during national emergency. Restrictions can also be imposed on them.
Download high resolution version (1013x800, 417 KB) Rose Biodo, 1216 Annan St. ...
Right against exploitation Begar was carried out without any payments for landlords and other wealthy persons. It has now been declared a crime and is punishable by law. Trafficking in humans for the purpose of slave trade or prostitution is prohibited by law. Unfree labour is a generic or collective term for forms of work, especially in modern or early modern history, in which adults and/or children are employed against their will by the threat of destitution, detention, violence (including death), or other extreme hardship to themselves, or to members of their...
This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ...
This article needs to be cleaned up to conform to a higher standard of quality. ...
The constitiution forbids employment of children below the age of 14 years in dangerous jobs like factories and mines. Children are the assets of the country and they should be allowed to lead a happy childhood and get education. Child labour is a gross violation of the spirit and provisions of the constitution. Child labour or labor is the phenomenon of children in employment. ...
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Popular image of Lakshmi In Hinduism, Lakshmi or Laxmi (Sanskrit: लकà¥à¤·à¥à¤®à¥€) is the goddess of wealth, light and fortune, as well as (secondarily) luck, beauty and fertility. ...
Narayan may mean any of several things. ...
This article deals with the city of Delhi. ...
Right to freedom of religion Right to freedom of religion provides religious freedom to all citizens of India. All religions are equal before the state and no religion will be given preference over the other. Citizens are free to preach, pracise and propogate any religion of their choice. The objective of this right is to sustain the principle of secularism in India. No state run institution can give religious education.
Religious communities can set up charitable institutions of their own. Many educational institutions are run by such charities. However, there could be activities in such institutions which are not religious These activities are performed according to the laws laid down by the government. Establshing a charitable institution can also be restricted in the interest of public order, morality and health,
Cultural and educational rights India is a country of many languages, religions and cultures. The constitution provides special measures to protect the rights of the minorities. Any community which has a language and a script of its own, has the right to conserve and develope them.
No citizen can be discriminated against for admission in state or state aided institutions. All minorities, religious or linguistic can set up their own educational institutions. By doing so, they preserve and develope their own culture.
Right to Constitutional Remedies Right to constitutional remedies is a very important right. This right empowers the citizens to go to court in case of any denial of the Fundamental rights.The court of law stands as a guard against the violation of these rights by the government. In case the government uses power against a citizen unjustly or if he is imprisoned or punished unlawfully, this right empowers the aggrieved person to go to court and get justice against government action.
The constitution gives every citizen the right to go to court to get his fundamental rights. For instance, in case of imprisonment, the citizen can ask the court to see if it is according to the provisions of the law of the country. If the court finds that it is not, the person will have to be freed. This procedure of asking the courts to preserve or safeguard the citizens' fundamental rights can be done in various ways. The courts can issue various kinds of writs. These writs are habeas corpus, mandamus, prohibition, quo warranto and certiorari. In law, a writ is a formal written order issued by a government entity in the name of the sovereign power. ...
When a national or state emergency is declared, this right is suspended by the central government.
Amendments in the Fundamental rights The Right to Property was removed by the 44th constitutional amendment of 1978 to acheive the goal of socialism. 1978 (MCMLXXVIII) was a common year starting on Sunday (the link is to a full 1978 calendar). ...
The right to education at elementary level was been made one of the fundamental rights under right to life and personal liberty by the 86th constitutional amendment of 2002. This article needs to be cleaned up to conform to a higher standard of quality. ...
2002(MMII) is a common year starting on Tuesday of the Gregorian calendar. ...
Directive Principles Directive principles of state policies (DPSPs), given in part IV of the Indian constitution, are certain directions given by the constitution to the central and state governments to establish a just society in the country. The government must keep them in mind while framing laws or policies. They are non - justiciable in nature and they aim at achieving social and economic democracy for establishing a welfare state. This article needs to be cleaned up to conform to a higher standard of quality. ...
Aim DPSPs aim to create social and economic conditions under which the citizens can lead a good life. Thewy also help to establish social and economic democracy through a welfare state. They act as a check on the government. They are a yardstick in the hands of the people to measure the performance of the government and vote ot put of power if it does not fulfill the promises made during the elections. See Election (movie) for the film directed by Alexander Payne. ...
Importance of DPSPs DPSPs promote an environment where the citizen’s life becomes comfortable and meaningful. If the government fails to provide these conditions, the citizens are free to vote that government out in the next election and a new government.
DPSPs make the citizens aware about the inhuman treatment meted out to human beings in different parts of the world. Our policy framers have to keep such situations in view and frame policies which will make our lives worth living. Not with fundamental rights alone but along with DPSPs, can a government create a society where there will be justice and well being,
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Image File history File links Public domain File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ...
Mohandas Karamchand Gandhi (October 2, 1869–January 30, 1948) (Devanagari: मोहनदास करमचनà¥à¤¦ गांधी, Gujarati મોહનદાસ કરમચંદ ગાંધી) was a national icon who led the struggle for Indias independence from British colonial rule, empowered by tens of millions of common Indians. ...
DPSPs which are Gandhian in nature - Prohibition of intoxicating drinks and drugs except for medicinal purposes.
- The state must promote setting up of cottage industries so as to generate self – employment opportunities.
- The state should promote and develop the institution of Panchayati Raj.
Gandhism (or Gandhi-ism) is an informal reference to the core inspiration, personal quests, way of life and philosophy of Mahatma Gandhi, who was the political and spiritual leader of India and the Indian Independence Movement. ...
This article needs to be cleaned up to conform to a higher standard of quality. ...
DPSPs which are socialist in nature - Equal pay for equal work for both men and women.
- Free and compulsory education to all children below the age of 14 years.
- The stat will secure adequate means of livelihood to all and reduce concentration of wealth in a few hands.
The color red and particularly the red flag are traditional symbols of Socialism. ...
DPSPs which are liberal in nature - The state will adopt a uniform civil code.
- The state will protect and preserve the flora and fauna of the country. Also, the state will protect our ancient monuments and archaeological sights.
- The state will adopt and follow policies which will develop and maintain peace in the world. [2]
In case of a conflict between Fundamental rights and DPSPs, if the DPSP aims at promoting larger interest of the society, the court will uphold the case in favour of the DPSP. Look up liberal on Wiktionary, the free dictionary Liberal may refer to: Politics: Liberalism American liberalism, a political trend in the USA Political progressivism, a political ideology that is for change, often associated with liberal movements Liberty, the condition of being free from control or restrictions Liberal Party, members of...
The difference between Fundamental rights and Directive principles of state policy Fundamental rights are certain basic human rights essential for the all – round development of an individual’s personality. DPSPs are guidelines to the governmentat all levels to be kept in mind while making laws and policies
Fundamental rights are justiciable, which means a person can go to court if they are violated or encroached upon by another person or the government, whereas DPSPs are non – justiciable.
Fundamental rights aim at promoting political democracy whereas DPSPs aim at promoting social and economic democracy.
Directives in the Nature of Ideals Of State - To minimise inequality in income,status,facilities and oppurtunities, amongst individuals and groups.( The state shall strive to promote the welfare of the people by securing a social order permeated by securing a social,economic and political justice.)
- The state shall endeavour to secure just and human conditions of work, a living wage, a decent standard of living and social and cultural oppurtunities for all workers.
- The state shall endeavour to rise the level of nutrition and standard of living and to improve the public health.
- The state shall direct its policy towards securing equitable distribution of the material resources of the community and prevent concentration of wealth and means of production.
- The state shall endeavour to promote international peace and amity.
Fundamental Duties Fundamental duties of India are given in Part IV – A of the Indian constitution. They were added to the constitution by the 42nd amendment act of 1976. They have been borrowed from the erstwhile Soviet constitution. This article needs to be cleaned up to conform to a higher standard of quality. ...
The Soviet Union was governed by four versions of its Constitution: 1918 Soviet Constitution 1924 Soviet Constitution 1936 Soviet Constitution 1977 Soviet Constitution The political theory underlying the Soviet Constitution differed from the political theory underlying constitutions in the West. ...
It shall be the duty of every citizen of India [3]-
- to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
- to cherish the noble ideals which inspired our national struggle for freedom;
- to uphold the sovereignty, unity and integrity of India;
- to defend the country and render national service when called upon to do so;
- 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;
- to value and preserve the rich heritage of our composite culture;
- to protect and improve the natural environment including forests, lakes, rivers, wildlife 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;
- 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;
- 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.
The 11th Fundamental duty was added by the 86th constitutional amendment of 2002. Indian National Flag Flag ratio: 2:3 The National Flag of India was adopted in its present form during an ad hoc meeting of the Constituent Assembly held on 1947-07-22, a few days before Indias independence from the British on 1947-08-15. ...
Sheet music for Jana Gana Mana Jana Gana Mana (Thou Art the Ruler of the Minds of All People) is the national anthem of India. ...
The Indian independence movement was a series of steps taken in the Indian subcontinent for independence from British colonial rule, beginning with the Rebellion of 1857. ...
2002(MMII) is a common year starting on Tuesday of the Gregorian calendar. ...
Importance of Fundamental duties Fundamental duties are constitutional obligations imposed on every citizen of India. These are, in fact, social and moral obligations meant to ensure peace and progress of the country.
These duties are incorporate with the purpose to promote patriotism in citizens, help them to follow a code of conduct that would strengthen the nation, protect its sovereignty and integrity and promote the ideals of harmony.
Notes ^ For the full text of fundamental rights, see [4]
^ For the full text of Directive Principles, see [5]
^ Source: [6]
References - Social Science – Part II: Indian National Council of Educational Research and Training textbookISBN 81-7450-351-X
- Wikisource
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