1969 and Fundamental Rights, Directive Principles and Fundamental Duties of India: Difference between pages
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{{Politics of India}}
== Fundamental Rights ==
They are-
'''''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'''''
*''by issuance of directions or orders or [[writs]] by the [[Supreme Court of India|Supreme Court]] and [[High Courts of India|High Courts]] for enforcement of these Fundamental Rights.''
<small>For the full text of fundamental rights, see
[http://en.wikisource.org/wiki/Constitution_of_India#Part_III_Fundamental_Rights]</small>
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.
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 of India|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 of India|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"
=== 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:
'''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 castes]], [[Scheduled tribes|scheduled tribes]] and other backward classes. Similarly, special provisions are for women and children.
'''Abolition of [[Untouchability|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.
'''Abolition of titles'''
The constitution has abolished titles except [[Military titles|military]] and [[Academic titles|academic]] ones.
===Right to Particular 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 [[Preventiv detention|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.
No person can be convicted twice for the same offence. (see [[Double jeopardy]]).
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]].
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.
=== Right against exploitation ===
[[Unfree labour|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.
The constitiution forbids employment of children below the age of 14 years in dangerous jobs like factories and mines.
===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 rightis 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#Indian law|writs]]''. These writs are ''habeas corpus'', ''mandamus'', ''prohibition'', ''quo warranto'' and ''certiorari''.
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 constituitonal amendment of [[1978]] to acheive the goal of socialism.
*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]].
== Directive Principles==
Directive principles of state policies (DPSPs), given in part IV of the [[Constitution of India|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.
=== Aim ===
*To create social and economic conditions under which the citiznes can lead a good life.
*To establish social and economic democracy through a welfare state.
*To act as a check on the [[Government of India|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]].
===Importance of DPSPs===
DPSPs promote an environment where the citizen’s life becomes comfortable and meaningful. If the [[Government of India|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,
===DPSPs which are [[Mahatma Gandhi|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]]
===DPSPs which are [[Socialism|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.
===DPSPs which are [[Liberal|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.
<small>For the full text of Directive Principles, see [http://en.wikisource.org/wiki/Constitution_of_India#Part_IV_Directive_Principles_of_State_Policy]</small>
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.
===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 government'''at 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 ==
1. 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.)<br>
2. 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.<br>
3. The state shall endeavour to rise the level of nutrition and standard of living and to improve the public health.<br>
4. 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.<br>
5. The state shall endeavour to promote international peace and amity.<br>
==Fundamental Duties==
Fundamental duties of India are given in Part IV – A of the [[Constitution of India|Indian constitution]]. They were added to the constitution by the 42nd amendment act of 1976. They are borrowed from the erstwhile [[Constitution of Russia|Soviet constitution]].
''It shall be the duty of every citizen of India -''
#''to abide by the Constitution and respect its ideals and institutions, the [[Flag of India|National Flag]] and the [[National anthem of India|National Anthem]];''
#''to cherish the noble ideals which inspired our [[Independence of India|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.''
<small>Source: [http://en.wikisource.org/wiki/Constitution_of_India#Part_IVA_Fundamental_Duties]</small>
The 11th Fundamental duty was added by the 86th constitutional amendment of [[2002]].
===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.
==References==
*Social Science – Part II: Indian National Council of Educational Research and Training textbook[http://en.wikipedia.org/w/index.php?title=Special:Booksources&isbn=817450351X ISBN 81-7450-351-X]
*[http://en.wikisource.org/wiki/Constitution_of_India Wikisource]
==See also ==
*[[Constitution of India]]
*[[Writs#Indian law|Writs in Indian law]]
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