1.4 Fundamental Rights AND Fundamental Duties

SIMPLY SMART

FUNDAMENTAL RIGHTS

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Introduction

Fundamental Rights are described by D.D. Basu as the cornerstone of the Indian Constitution and the most important chapter ensuring individual liberty.
They are guaranteed by Part III (Articles 12–35) and are enforceable by courts.
Subhash Kashyap calls them the “Magna Carta of India”, ensuring justice, equality, and dignity to all citizens.

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Why Fundamental Rights?

According to reference books:

✔ Protect individuals from state power

✔ Establish political democracy

✔ Promote social justice

✔ Guarantee personal freedoms

✔ Ensure equality in a diverse society

Fundamental Rights form the basic structure of the Constitution (as per Kesavananda Bharati Case, 1973).

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Classification of Fundamental Rights (Articles 12–35)

India originally had 7 fundamental rights; today we have 6, after the Right to Property became a legal right (44th Amendment, 1978).

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1. Right to Equality (Articles 14–18)

 Article 14 – Equality Before Law & Equal Protection of Laws

• Equality before law → British concept: No special privileges

• Equal protection → American concept: Equal treatment in similar circumstances

Article 15 – No Discrimination

• Prohibits discrimination based on religion, race, caste, sex, place of birth

• Allows special provisions for women, children, SC/ST, OBC (per D.D. Basu)

Article 16 – Equality of Opportunity in Public Employment

• No discrimination in government jobs

• Reservation allowed for backward classes (supported by Indra Sawhney Case)

Article 17 – Abolition of Untouchability

• Makes untouchability a punishable offence

Article 18 – Abolition of Titles

• No titles like “Sir,” “Rai Bahadur”

• National awards (Bharat Ratna, Padma awards) allowed (not titles)

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2. Right to Freedom (Articles 19–22)

Called the “heart of the Constitution” by scholars.

Article 19 – Six Freedoms

Every citizen has:

1. Freedom of speech and expression

2. Freedom of assembly

3. Freedom to form associations/unions

4. Freedom of movement

5. Freedom to reside and settle

6. Freedom of profession/occupation

Reasonable restrictions allowed for:

• Public order

• Morality

• State security

• Friendly relations with foreign states

Article 20 – Protection in Criminal Cases

• No ex post facto laws

• No double jeopardy

• No self-incrimination

Article 21 – Right to Life & Personal Liberty

Expanded greatly by Supreme Court.
Includes:

• Right to privacy

• Right to clean environment

• Right to education

• Right to shelter

• Right to live with dignity

Article 21A – Right to Education

Free and compulsory education for children 6–14 years.
(86th Amendment, 2002)

Article 22 – Protection Against Arrest & Detention

• Safeguards in arrest: informed reasons, legal aid

• Deals with preventive detention too

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3. Right Against Exploitation (Articles 23–24)

Article 23

• Prohibits human trafficking, begar, forced labour

• Allows compulsory service for public purposes

Article 24

• Prohibits child labour (children below 14) in factories, mines, hazardous work

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4. Right to Freedom of Religion (Articles 25–28)

Article 25 – Freedom of Conscience & Religion

• Practice, profess, propagate any religion

• Subject to public order & morality

Article 26 – Freedom to Manage Religious Affairs

• Religious groups can manage their own institutions

Article 27 – No Religious Taxes

• State cannot collect taxes to promote any religion

Article 28 – Religious Instruction in Institutions

• No religious teaching in state-funded institutions

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5. Cultural and Educational Rights (Articles 29–30)

Article 29 – Protection of Interests of Minorities

• Preserve language, script, culture

Article 30 – Minority Educational Institutions

• Minorities can establish and administer educational institutions

• No discrimination in grant-in-aid

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6. Right to Constitutional Remedies (Article 32)

Described by Dr. Ambedkar as the “heart and soul of the Constitution.”
Allows citizens to directly approach the Supreme Court when rights are violated.

Writs available:

• Habeas Corpus

• Mandamus

• Prohibition

• Certiorari

• Quo-Warranto

Under Article 226, High Courts can also issue writs.

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Special Features of Fundamental Rights

(From D.D. Basu & Kashyap)

• Justiciable (enforceable in courts)

• Not absolute; subject to reasonable restrictions

• Some rights available only to citizens

• Some rights available to all persons

• Can be suspended during National Emergency (except Articles 20 & 21)

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Cases that Shaped Fundamental Rights

(Important for exams and blogs)

• Kesavananda Bharati Case (1973) – Basic structure doctrine

• Maneka Gandhi Case (1978) – Expanded Article 21

• Indra Sawhney Case (1992) – Reservation policies

• Puttaswamy Case (2017) – Right to privacy

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Conclusion 

Fundamental Rights form the backbone of Indian democracy. Inspired by global human rights documents yet uniquely adapted to Indian conditions, they ensure individual liberty, social equality, and protection against state abuse. They uphold the dignity of the individual and safeguard democratic values, making the Constitution a living, dynamic document.

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Fundamental Duties

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Introduction

The Fundamental Duties of Indian citizens were added to the Constitution by the 42nd Constitutional Amendment Act, 1976, based on the recommendations of the Swaran Singh Committee.
As described by D.D. Basu and Subhash C. Kashyap, these duties act as a constant reminder to citizens that rights and duties are inseparable.
They highlight the moral, civic, and national responsibilities that every citizen must follow to maintain the integrity and unity of the nation.

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Constitutional Provision

• Fundamental Duties are given in Part IVA of the Constitution.

• Mentioned under Article 51A.

• Originally 10 duties (1976).

• Later 11th duty added by the 86th Amendment (2002) – regarding education for children.

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List of Fundamental Duties (Article 51A)

As per Bakshi and Kashyap, every citizen shall:

1. Abide by the Constitution and respect National Symbols

• Follow the Constitution

• Respect the National Flag & National Anthem

2. Follow the ideals of the Freedom Struggle

• Uphold the sacrifices made for India’s independence

3. Protect sovereignty, unity, and integrity of India

• Stand against forces that threaten national security

4. Defend the country and render national service

• Join national service when required

5. Promote harmony and brotherhood

• Respect diversity

• Reject untouchability, communalism, and discrimination

6. Preserve composite culture of India

• Protect India’s rich cultural heritage

7. Protect the natural environment

• Safeguard forests, lakes, rivers, wildlife

• Create ecological awareness

(Emphasized strongly in D.D. Basu)

8. Develop scientific temper and humanism

• Think rationally

• Avoid superstition

• Encourage inquiry and reform

9. Safeguard public property

• Prevent damage to public transport, government properties, utilities

10. Strive for excellence

• Improve performance at individual and national levels

11. Duty of parents/guardians to provide education

• Provide opportunities for education to children aged 6–14 years
  (Added by 86th Amendment, 2002)

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Characteristics of Fundamental Duties

✔ Not legally enforceable

• Unlike Fundamental Rights, they are not justiciable.

• Courts cannot punish citizens directly for violating duties.

✔ Moral and civic obligations

• Promote discipline, commitment, and responsibility among citizens.

✔ Can be enforced indirectly

• Parliament can make laws to enforce duties.
  Example:

  • Prevention of Damage to Public Property Act

  • Environment Protection Act

✔ Inspired by Soviet Constitution

• Many socialist countries include Fundamental Duties.

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Importance of Fundamental Duties

(Repeated in all reference books)

1. Balance between Rights and Duties

Rights become meaningful only when citizens perform duties.

2. Promote national unity

By respecting the Constitution, national symbols, and national security.

3. Protect India’s culture and heritage

Promotes cultural diversity and historical awareness.

4. Environmental protection

Creates awareness and responsibility toward nature.

5. Strengthen democracy

Every democratic society thrives on responsible citizenship.

6. Moral foundation for society

Builds integrity, tolerance, discipline, and patriotism.

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Criticisms of Fundamental Duties

(Discussed by scholars like Basu)

❌ Not enforceable in courts

Duties are moral, not legal—citizens may ignore them.

❌ Vague and general in nature

Duties are broad; interpretation may vary.

❌ One-sided — impose duties only on citizens

No duties listed for the State.

❌ Added during the Emergency Period

The 42nd Amendment was passed when democratic freedom was restricted.

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Conclusion 

Fundamental Duties enrich the Indian Constitution by ensuring that citizens contribute to national growth, unity, and discipline. Although they are not enforceable, they hold immense moral, cultural, and civic significance. As D.D. Basu says, they act as the moral code of conduct, reinforcing that rights and responsibilities go hand in hand.
Together with Fundamental Rights and DPSPs, they shape India into a responsible, democratic, and progressive society.

— End of Article | Aivette-COI (Constitution of India by Aivette)

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