FUNDAMENTAL RIGHTS BY SURBHI GOYAL AT LEXCLIQ

The Fundamental Rights

The Indian Constitution has guaranteed all its citizens certain basic rights and freedoms. These rights are known as Fundamental Rights. The Parliament of the State Legislature cannot make any laws that encroach upon these rights except in case of national emergency or martial law. The constitution lays down restrictions on the powers of the Government to interfere with these rights The Fundamental Rights are the necessary conditions for the development of an Individual’s personality. Their rights ensure democracy and conditions of life which make human life worth living. The Fundamental Rights also seek to prevent the government and the legislature from becoming totalitarian. These rights provide every individual an opportunity for self-development. The Fundamental Rights are, however, not absolute. The state has the power to impose reasonable restrictions on these rights in the public interest

 

Part of our Constitution contains the following Fundamental Rights

 

  1. Right to Equality! This right prohibits discrimination against any citizen on grounds of religion, race, caste, language, or place of birth. The State is expected to ensure equality of opportunity to all citizens in the field of education. employment. profession, and earning a livelihood The State is, however. empowered to reserve seats in educational institutions and posts for scheduled castes, scheduled tribes, and other backward classes
  2. Right to Freedom: The constitution guarantees the citizens

(a) Freedom of speech and expression:

 

(b) Freedom to assemble peacefully 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 country Freedom to This right is practice any subject profession, or to carry on occupation, trade, or business to reasonable restrictions in the Interest of the general public. The State has the power to make laws relating to professional or technical qualifications necessary for business. Industry or service practicing any profession or carrying on any trade,

 

  1. Right against Exploitation: This right prohibits traffic in human beings. beggary and other forms of forced labor It is an offense to buy or sell men, women, and children. Nobody can be asked to work against his/her wishes. No child under the age of 14 years can be employed to work in any factory or mine. The State can, however, transpose compulsory service for public purposes but without any discrimination 4. Right to Freedom of Religion: Every citizen in our country has the freedom to practice the religion of higher choice People of different religions have also the freedom to preach their religion in a peaceful manner. They can also form religious purport association for religious purposes

 

  1. Cultural and Educational Rights: Every citizen in India has the right to preserve their own language, script, and culture. Citizens have the right to establish and administer their own educational institutions 6. Right to Constitutional Remedies: Every citizen has the right to approach the court in order to protect his/her fundamental rights. The aggrieved person can approach the High Court, as well as the Supreme Court for enforcing the fundamental rights 19(1)n, had also guaranteed the Right to Property. Article 31 had prohibited the deprivation of property of any person save by authority of law. The 44th Amendment of the constitution in 1976 abolished this right. However. Article 300A of the constitution provides that “no person shall be deprived of his property save by authority of law Thus, the right to property, though a statutory right, is no longer a fundamental right. Article The State has frequently used its power to impose reasonable restrictions in the public interest on the Fundamental Rights As a result. there has been a substantial expansion of the Government’s control over economic and business activities in the country

 

The Fundamental Duties Article 51A of the Indian Constitution states that it shall be the duty of every citizen to

  1. Abide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem
  2. Cherish and follow the noble ideals which inspired our national struggle for freedom
  3. Uphold and protect the sovereignty, unity, and integrity of
  4. Defend the country and render national service when called upon to do so. India
  5. Promote harmony and the spirit of common brotherhood amongst all the people of India transcending religion. linguistic and regional or sectional diversities, to renounce practices derogatory to the dignity of women.
  6. Value and preserve the rich heritage of our composite culture.
  7. Protect and improve our natural environment including forests, lakes, rivers, wildlife, and have compassion for living creatures. 8. Develop the scientific temper, humanism, and the spirit reform of Inquiry and
  8. Safeguard public property and abjure violence 10. Strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement There is a close relationship between the Fundamental Rights and the

Fundamental Duties specified in the Constitution of India. The rights and duties are complementary to each other, and cannot be thought of without the other. One person’s duty may be another person’s right. Neglect of duties creates lawlessness and hampers the growth of society. Duties help to develop a sense of responsibility among the citizens which is necessary for the development of our national character. Therefore, a proper balance should be maintained between the rights and the duties.

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