The Fundamental rights and duties of Indian citizens

Introduction

Fundamental Rights and Duties which are woven into the very fabric of India’s democratic setup represent the dreams and duties of every individual cherished as a citizen. Entrenched in the constitution, these principles symbolize pillars, on which the ideas of justice, equality, and fraternity are supported.

Fundamental Rights, the bulwark of democracy, grant the citizens a sacrosanct umbrella of justice and protection from injustice and oppression. They are the strongest pillars of individual liberty, as they guarantee that every person enjoys the right to express, believe, and live without fear or discrimination. From the right to equality of the law to the freedom of speech and expression, these rights touch the soul of empowerment and give citizens the power to chase their dreams and be a part of the collective tapestry of our country.

Nonetheless, with these rights come the Duties of the citizens, the silent custodians of communal harmony and progress. Embedded in the ethos of citizenship, these duties command every citizen to stand for the honor of the nation, to tolerate its diversity, and to work for a better society together. From the duty to maintain the sovereignty and integrity of India to the obligation to preserve the brotherhood spirit these duties serve as a gentle reminder of our interconnectedness, propelling us to the boundaries and creating the bridges of understanding.

Collectively, Fundamental Rights and Duties are like a musical instrument whose notes represent the rights of the individual and duties towards the society. They call out to us to play our part as active participants in the big story of our country’s history, weaving the cloth of inclusivity, justice, and prosperity.

On the road, as we move towards a brighter future, let us value and adhere to these rights and duties as they are not just on parchments but beacons lighting the path to a more just, inclusive, and compassionate society.

Meaning of Fundamental Rights and Duties

The Fundamental Rights Act is like the precious stones of the tiara of Indian citizenship empowering every individual with the ability to rise above any obstacle and be free. They are the custodians of liberty, ensuring that the chains of oppression or inequality can never shroud the spirit of our people. Be it the right to life and liberty, the freedom of expression, or the equality before the law, these rights are the foundation of democracy, allowing each citizen to fulfill their dreams and choose their destiny without fear or favor.

On the contrary, Duties are the silent engineers of a peaceable community, the cement gluing the blocks of citizenship to the bulwark of mutual prosperity. These are the lace of accountability knitted into the fabric of our national identity, which reminds us of the need to foster and preserve the colorful carpet of our diversified origin. Arising from the duty to uphold the sovereignty and integrity of our nation to the obligation to promote social harmony and the spirit of inquiry, these duties are the cornerstones of the virtuous citizenry, consecrating us to labor for others instead of ourselves.

Together, Fundamental Rights and Duties encompass the core of citizenship, sustaining freedom and responsibility in the great stage of democracy. They are not merely legal rules but compasses that light the way to a state where justice is the ruler and everybody’s voice is heard and considered. Preserving and keeping these rights and duties, we not only respect the heritage of our ancestors but also clear the way for that future where the concepts of freedom, equality, and fraternity are brightest.

Fundamental rights of Indian citizen

Fundamental Rights of India underlying Part III of the Constitution, which anchors the very core of democracy in the country, entitles every citizen with certain unfettered freedoms, protections, and guarantees. These rights not only curb erring abuse but also safeguard of the worth and dignity of every being on this planet. Here is a succinct overview of Fundamental Rights. Here is a succinct overview of the Fundamental Rights:

Right to Equality: The basis for this fundamental right is that there should be no distinction between any citizen before the law. It prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth and guarantees equal opportunity in public employment.

Right to Freedom: This involves a range of liberties, which includes freedom of speech and expression, freedom to assemble, freedom to form associations or unions, freedom of movement inside the country, freedom to take up residence and to settle in any part of India, and freedom to practice any profession, occupation, trade or business.

Right to Constitutional Remedies: This right is the foundation of the execution mechanism for Fundamental Rights. It is the means by which the citizens are able to seek redressal through writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto which ensures that these rights are not symbolic but enforceable.

Right to Freedom of Religion: This fundamental freedom includes the freedom of conscience and the right to profess, practice and propagate religion of one’s choice. It also guarantees the freedom of administration of religious matters subject to public order, morality, and health.

Right against Exploitation: This right disables any form of forced labor, human trafficking, and children’s employment in hazardous factories or industries, with the purpose of securing the rights of vulnerable members of society.

Cultural and Educational Rights: Such a mechanism preserves the cultural, linguistic, and educational autonomy of minorities together with other ethnic groups permitting them the right to protect their heritage, as well as to run their educational institution.

Fundamental Duties of Indian Citizens

The Fundamental Duties of Indian citizens specified in Part IV-A of the Constitution are the moral and ethical responsibilities that complement the Fundamental Rights. This in itself is a recognition that citizenship is not only about rights but about obligations towards society and the country at large. undefined

To uphold and protect the sovereignty, unity, and integrity of India: The citizens are entrusted with the duty of self-defense and rendering national service when this is called for and in this way, a feeling of national pride and patriotism is promoted.

To develop the scientific temper, humanism, and the spirit of inquiry and reform: Citizens are counseled to harbor a scientific disposition which will in turn promote critical thinking and seek knowledge for the sake of the community.

To defend the country and render national service when called upon to do so: Citizens have to stand together to build the spirit of common brotherhood above the barriers of caste, religion, language, or region.

To value and preserve the rich heritage of our composite culture: Citizens need to take care of and keep the country’s cultural wealth, advocating tolerance, pluralism, and diversity as the main values of Indian civilization.

To abide by the Constitution and respect its ideals and institutions: It is the sacred obligation of all citizens to maintain the sanctity, unity, and integrity of India and also to optimally imbibe its noble principles of democracy, socialism, secularism, and the degree of law.

To cherish and follow the noble ideals that inspired the national struggle for freedom: The citizens owe it to the freedom fighters to honor their sacrifices and project unity and brotherhood among all Indians regardless of their cast, faith, language, or region.

To cherish and follow the noble ideals that inspired the national struggle for freedom: The citizens owe it to the freedom fighters to honor their sacrifices and project unity and brotherhood among all Indians regardless of their cast, faith, language, or region.

Landmark judgment

M. C. Mehta vs. Union of India (1988)

The court of 1988, by the judgment, reiterated the importance of a petitioner as the protector of the general public utilizing the water. The court underlined the petitioner’s capacity to file petitions to enforce statutory provisions against municipal government and other appellants. Bringing to the world’s attention the dire disease caused by water pollution, the court particularly noted its life-threatening implications for people. It is unspoken that industries should treat their waste responsibly before their discharge and receive the proper scrutiny before receiving a license. Polluting industries caught red-handed were to face especially severe sanctions.

The courts, in particular, the tanneries have been ordered to set up primary treatment plants and if possible secondary treatment also. It rebuked municipal authorities for defaulting in their civic duties and ordered immediate action against the matter of water pollution. Also, the court required the federal government to provide free pamphlets on environmental issues to the citizens to increase public awareness.

Central to this, the judgment made the judgment applicable to all municipalities supervising the Ganga River system, thus creating a precedent for wider civil environmental rights protection. This landmark ruling aimed to elicit accountability from companies, municipal authorities, and governmental bodies stressing the preservation of water resources and public health.

Kesavananda Bharati vs. State of Kerala (1973)

As an authoritative legal verdict, the Kesavananda Bharati judgment issued on April 24, 1973, is seen as a watershed moment in Indian legal history, consequent to a case lodged by Sri Kesavananda Bharati who was also the head of a Hindu mutt in Kerala. It was a legal fight where the constitutional validity of the 24th, 25th, and 29th Amendments to the Indian Constitution that would limit the judicial powers and constitutionally given rights was challenged.

A conference of 13 judges was put together under the auspices of the Chief Justice S. M. Sikri, including luminaries like J.M. Shelat, K.S. Hegde, and A.N. Ray, to ponder the deep constitutional questions raised. The proceedings spanned six months before culminating in a momentous 7:4 majority decision.

The crux of the order was the very premise of the doctrine of the basic structure of the Constitution. This is the principle that has been accepted by the court. It defines the fundamental principles- democracy, secularism, federalism, and rule of law- which are inviolable and not to be interfered with by Parliament. Moreover, the Court confirmed that the doctrine of judicial review is one of the inherent features of this basic structure immune from intrusions through constitutional amendments.

The Kesavananda Bharati case had a greater effect on the law because of the establishment of the constitutional safeguard that protected the most basic principles of the constitution from legislative change. The doctrine acts like a protective wall against unjustifiable alterations, which ensures the conservation of the Constitution’s core content with the possibility of corrections to the actual living conditions.

At essence, the Kesavananda Bharati case redefined the landscape of Indian constitutional jurisprudence and resulted in principles that have become fundamental guiding principles strengthening the democratic regime while protecting the constitutional sanctity as the supreme law of the country. This marks a seminal moment in India’s legal history which is repeatedly interpreted and used as a symbol of judicial activism and the constitutionality of the count.

Bijoe Emmanuel and Ors. Vs. State of Kerala and Ors. (1986)

In this landmark ruling, the Indian Supreme Court held that Articles 19(a) (right to freedom of expression) and 25 (one’s right to religious freedom) are among the fundamental rights guaranteed to all persons under the Indian constitution. The specific case was a very controversial one that revolved around compelling students to sing the National Anthem which might conflict with their religious belief and thus, infringing upon their constitutional rights as provided under Article 19(1)(a) and (25)(1).

In an unequivocal manner, the Court held that the refusal of three students to sing the National Anthem was not disrespectful behavior, given the fact that they were always standing respectfully. Also, the Court subjected the Kerala Department of Education’s directives to a higher level of scrutiny and viewed them as “mere departmental instructions” that were not backed by statutory authority under Article 19 of the Constitution. It cited the precedent of Kharak Singh v. State of Uttar Pradesh, emphasizing the necessity that whichever law takes away freedoms under Article 19(1)(a) to (e) and (g), must have legal strength, not mere executive directions.

Therefore, the Court found that long-term suspension of the students from the school has been a violation of their right to freedom of expression and religion. In a decisive retribution, it reversed the High Court’s ruling with a mandate of reinstating students. The Court has enumerated India’s tradition, philosophy, and constitutional ethos of tolerance, cautioning against any relaxations.

In a nutshell, the judgment crystallized the sacred role of constitutional freedoms and the necessity of safeguarding them even when directly countermanded by administrative directives. It constitutes an echoing guarantee of India’s tolerance and pluralism that are innate in its constitution.

Conclusion

In the colorful tapestry of Indian democracy, Fundamental Rights and Duties are the guiding forces throwing light on the road paved with justice, equality, and fraternity. These principles are woven into the fabric of our constitution, serving as a bedstone for the entire citizenship, empowering individuals while simultaneously fostering a feeling of collective responsibility.

The Fundamental Rights stand as glittering gems on the headpiece of the Indian citizens and give every person the ability to trump all adversity with the power of freedom and ensured dignity. From equal rights before the law to freedom of expression, these rights become inalienable accompanied by the spirit of democracy that allows everyone to realize their potential without dread and discrimination.

Linking with these rights are the Citizens’ duties, the mute constructors of peace. Despite the mere gestation of civic responsibility, these duties welcome us to stand for the honor of our nation and celebrate its diversity in order to ensure collective progress.

Together the Fundamental Rights and Duties are the foundation of our democracy, outlining the right path that leads us to the future where justice triumphs and everyone is heard. Looking ahead, we ought to not only honor but also cherish these rights and responsibilities, guiding us through these trials of our time and ensuring brighter days for future generations.

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BY: Aman Bijoriya (3^rd year, B.A.LL.B)