Class 8 Social Science Fundamental Rights and Fundamental Duties
FUNDAMENTAL RIGHTS & DUTIES
# The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are section of the Constitution of India that prescribe the fundamental obligations of the State.
- The Fundamental Rights are defined as the basic human rights of all citizens. These rights, defined in Part III of of the Constitution, apply irrespective of race, place of birth, religion, caste, creed or gender.
- The Directive Principles of State Policy are guidelines for the framing of laws by the government. These provisions-set out in Part IV of the Constitution-are not enforceable by the courts, but the principles on which they are based are fundamental guidelines for governance that the State is expected to apply in framing and passing laws.
- The Fundamental Duties are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India. These duties-set out in Part IV-A of the constitution-concern individuals and the nation.
- The development of constitutional rights in India was inspired by historical documents such as England’s Bill of Rights, the United States Bill of Rights and France’s Declaration of the Rights of Man.
- The task of developing a constitution for an independent India was undertaken by the Constituent Assembly of India, which composed of elected representatives under the presidency of Rajendra Prasad. The assembly appointed a constitution drafting committee headed by Bhimrao Ramji Ambedkar. The process was influenced by the adoption of the Universal Declaration of Human Rights by the U.N.
- The Fundamental Rights and Directive Principles were included in the final draft of the constitution promulgated on 26 November 1949, while the Fundamental Duties were later added to the constitution by the 42nd Amendment Act in 1976.
# FUNDAMENTAL RIGHTS IN INDIA :-
- The Fundamental Rights - embodied in Part III of the constitution - guarantee civil liberties such that all Indians can lead their lives in peace as citizens of India. The six fundamental rights are right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights and right to constitutional remedies.
- All people, irrespective of race, religion, caste or sex, have the right to approach the High Courts or the Supreme Court for the enforcement of their fundamental rights. It is not necessary that the aggrieved party has to be the one to do so. In public interest, anyone can initiate litigation in the court on their behalf. This is known as “Public interest litigation”. High Court and Supreme Court judges can also act on their own on the basis of media reports.
- The Fundamental Rights emphasise equality by guaranteeing to all citizens the access and use of public institutions and protections, irrespective of their background. The rights to life and personal liberty apply for persons of any nationality, while others, such as the freedom of speech and expression are applicable only to the citizens of India (including non-resident Indian citizens).
- The Fundamental Rights can only be altered by a constitutional amendment, hence their inclusion is a check not only on the executive branch, but also on the Parliament and state legislatures. The imposition of a state oL emergency may lead to a temporary suspension of the rights conferred by Article 19 (including freedoms of speech, assembly and movement, etc.) to preserve national security and public order. The President can, by order, suspen