FUNDAMENTAL RIGHTS , DPSP AND FUNDAMENTAL DUTIES | POLITY FOR NDA | HELP4NDA 2022

 FUNDAMENTAL RIGHTS

Fundamental Rights and Directive Principles have a common origin. Nehru Report 1928 which incorporate some Fundamental Rights. The framers of Constitution derived inspiration from the Constitution of USA i.e. Bill of Right. Part III of Constitution is rightly described as Magna Carta of India.

• Article 12 Definition of 'State'. Which includes the Government and Parliament of India. The State Government, legislative assemblies and all local or other authorities within the territory of India as under the control of Government of India.

• Article 13 Laws inconsistent with or in derogation of the Fundamental Rights.

TYPES OF FUNDAMENTAL RIGHTS
Fundamental Rights are six in numbers viz

(1) Right to Equality (Articles 14 to 18)

• Article 14 Equality before law and equal protection of Law.
• Article 15 Prohibition of discrimination on grounds of religion, race, caste sex or place of birth.
• Article 16 Equality of opportunities in matter of Public Employment
• Article 17 Abolition of untouchability and prohibition of its practise.
• Article 18 Abolition of titles except military and academic.

(ii) Right to Freedom (Articles 19 to 22)

Article 19 It guarantees to the citizen of India.
Six fundamental freedoms which are as follow

1.  Freedom of speech and expression (freedom of press, media)
2.  To assemble peacefully and without arms.
3.  To form association or unions.
4.  To move freely throughout the territory of India.
5.  To reside and settle in any part of the territory of India.
6.  Freedom to choose any profession and business.

• Article 20 It gives protection in respect of conviction for offences.
• Article 21 It gives protection of life and personal liberty to both citizens and non-citizens. Articles 20 and 21 remain in force even during emergency.
• Article 21 (A) Right to education from age 6 to 14 years made a Fundamental Right by 86th Constitutional Amendment, 2002.
• Article 22 It entails protection against arrest and detention in certain cases. This right is not available to an enemy alien and a person arrested or detained under a law providing preventive detention (detention of a person without trial).

(iii) Right Against Exploitation

(Articles 23 and 24)

• Article 23 It entails prohibition of traffic in human beings and forced labour.
• Article 24 No child below the age of 14 can be employed in factories or mines or in hazardous employment.

(iv) Right to Freedom of Religion

(Articles 25 to 28)
• Article 25 Freedom of conscience and free profession, practice and propagation of religion.
• Article 26 Freedom to manage religious affairs.
• Article 27 Freedom from payment of taxes for promotion of any particular religion.
• Article 28 It prohibits any religious instruction in educational institutions wholly maintained by state funds. In other institutions aided and recognised by the state, every person will be free not to participate in religious instruction or worship.

(v) Cultural and Educational Rights

(Articles 29 to 30)

• Article 29 It allows every community to conserve its distinct language, script or culture. It also bars disallowing a citizen admission to any educational institution maintained or aided by the state only on grounds of religion, race, caste or language.
• Article 30 Right of minorities to establish and administer educational institutions.

(vi) Right to Constitutional Remedies

• Article 32 It provides the right to the citizens to move to the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Rights and it empowers the Supreme Court to issue directions or writs for the enforcement of the Fundamental Rights. The writs include Habeas Corpus, Mandamus, Prohibition, Quo-warranto and Certiorari, Dr. BR Ambedkar termed the Right to Constitutional Remedies as the heart and soul of the Constitution.
• Article 33 Enables Parliament to modify Fundamental Rights in relation to military or para-military forces, police forces and analogous forces.
• Article 34 Empowers Parliament to make any law for indemnifying any person for acts done during the operation of martial law.
• Article 35 This article provides for powers to make laws on certain articles in this part only on the Parliament and excludes the state legislatures jurisdiction from them.

Right to Property

• Article 31 Right to Property, repealed by the 44th Amendment Act, 1978. Now, it is only a legal right.

Right to Information

• Right to information has been granted to every citizen of India under RTI Act, 2005 which came into force on 12th October, 2005,
• It is not a Fundamental Right, it entails a clause for penalty in case of delay in giving information to the  applicant.
• Information Commission has been set-up at central and state levels to oversee the implementation of the act.

# geography notes for NDA

 DPSP

(DIRECTIVE PRINCIPLES OF STATE POLICY)

• Dr. BR Ambedkar described the DPSPs as ‘novel feature of the Constitution'. DPSPs are constitutional instructions or guidelines to state in the legislative, executive and administrative affairs. It provides the social and economic base of a genuine democracy.
• The Constitution does not contain any classification of directive principles. However, on the basis of their content and direction, they can be classified into three broad categories; socialistic, Gandhian and liberal.

 Socio-Economic or Socialist Principles

• Article 38 To secure a social order which stands for the welfare of the people.
• Article 39 The state shall direct its policy towards securing equal access

1. to provide adequate means of livelihood.
2. to prevent concentration in wealth and means of wealth and material resources.
3. to secure equal pay for equal work for both men and women.
4. to provide necessary opportunities and facilities to children and youth to prevent their exploitation.

• Article 41 To make efforts to secure the right to work, education and public assistance in case of unemployment, sickness, old age etc.
• Article 42 Provision for just and humane condition of work and maternity relief.
• Article 43 To ensure a decent standard of living, and social and cultural opportunities for all workers.
• Article 43 A Securing the participation of workers in the management of industries.
• Article 47 Duty of the State to raise the level of nutrition and the standard of living and to improve public health.

Gandhian Principles

• Article 40 The establishment of Village Panchayats and make them powerful enough to function as a units of self-government.
• Article 43 To promote cottage industries.
• Article 43 B The promotion of co-operative societies.
• Article 46 The promotion of educational and economic interest of weaker sections.
• Article 47 'The prohibition of intoxicating drugs and drinks.
• Article 48 Prevention of the slaughter of cows and other milk cattle.

Liberal Principles

• Article 44 A Uniform civil code.
• Article 45 Provision for free and compulsory education for children.
• Article 48 Organisation of agriculture and animal husbandry.
• Article 48 A Protection and improvement of environment and safeguarding of forests and wildlife.
• Article 49 Protection of monuments and places and objects of national importance.
• Article 50 Separation of judiciary from executive.
• Article 51 Promotion of International Peace and Security

FUNDAMENTAL DUTIES

(ARTICLE 51 A)
The Fundamental Duties in the Constitution serve as a reminder to the citizens that while enjoying their rights, they should also be conscious of their duties towards the country. They were added by 42nd Amendment Act, 1976. It contains the duties of the citizens.
It shall be the duty of every citizen of India

1. to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
2. to cherish and follow the noble ideals which inspired our national struggle for freedom.
3. to uphold and protect the sovereignty, unity and integrity of India.
4. to defend the country and render national service when called upon to do so.
5. 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.
6. to value and preserve the rich heritage of our composite culture.
7. to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.
8. to develop the scientific temper, humanism and the spirit of inquiry and reform.
9. to safeguard public property and to abjure violence.
10. 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.
11. for every citizen 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 6 and 14 years.

• The 11th Fundamental Duty was added by 86th Constitution Amendment in 2002.

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