Fundamental Rights and Duties

 

Fundamental Rights 

Fundamental Rights are a very important component of our Constitution. In fact, they are probably a unique feature of our Constitution. 

You may note that the keenness and insistence of the founding fathers of our Constitution to include Fundamental Rights for all citizens were really shaped by their experiences of fighting the British colonialists. The framers of the Constitution had experienced first hand the crushing of liberties during different phases of subjugation by the British. They were determined that citizens of free India were not subjected to such experiences ever again. Hence, their strong emphasis on Fundamental Rights. The Constitution guarantees certain rights to its citizens 

considered fundamental for their well-being. These rights are enforceable by the courts of law (unlike the Directive Principles of State Policy). They are the bedrock of an Indian citizen's life, liberty and property. The various Fundamental Rights are: 

(i) Right to Equality; 

(ii) Right to Freedom;

 (iii) Right Against Exploitation; 

(iv) Right to Religion; 

(v) Cultural and Educational Rights; 

(vi) Right to Constitutional Remedies. 

The Right to Property was earlier a Fundamental Right, but was made a legal right through the 44th Constitutional Amendment Act. Thus, it is not a Fundamental Right. In effect, what this means is that the property belonging to any person can be acquired by the government by paying appropriate compensation. 

You should know that except during an emergency, Fundamental Rights cannot be suspended. But even in such a situation, Articles 20 and 21 remain in operation. 

These two Articles deserve a mention. Article 20 states that 'No person shall be punished on the basis of laws that are enacted after a crime has been committed (protection from ex-post facto laws), protection from being punished more than once for the same offence (protection from double jeopardy), and protection from standing trial against oneself' (protection from self-incrimination). Article 21 

on the other hand, ensures protection of personal life and liberty'. What this basically means is that the state does not have the right to take away the life of  a person, except through the procedure established by law'. 

So much for Fundamental Rights. Now, coming to Fundamental Duties, 

Fundamental Duties 

They are the another special feature of our country's Constitution. However, they are a rather late addition; they were not a part of the Constitution that free India adopted in 1950. These duties became a part of Constitutional framework after the mid- 1970s. The concept of Fundamental Duties gained currency following the realisation that increasingly a large number of Indians had started to think and act as if they only had rights or claim to rights, but no corresponding duties/obligations towards each other/the country. Their mindset had led to increasing situations of 'social and civil anarchy. It was felt that it was time the citizens of free India were made to realise that the enjoyment of rights they took for granted was contingent upon the performance of certain duties. Hence, the concept of Fundamental Duties. 

Some of the important Fundamental Duties are: protection of the territorial integrity and sovereignty of India, respect for the national flag, emblem, promotion of a clean environment etc. Failure to perform the various Fundamental Duties may invite punitive action as per the various provisions of law.