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Fundamental Rights, Directive Principles and Fundamental Duties are important parts of the Constitution Of India . The '''Fundamental Rights''' and '''Fundamental Duties''' of the Citizens Of India address freedom and democracy in the country, and the '''Directive Principles''' guide the Government in making laws and policies. The ''Fundamental Rights'' are basic human freedoms which every citizen of India has the right to enjoy for a proper and harmonious development of his personality. These rights, set out in Part III of the Constitution of India, universally apply to all citizens, irrespective of race, region, religion, caste, creed, colour or sex; and subject to certain restrictions, are enforceable by the Court s. The Rights have their origins in many sources, including England's Bill Of Rights , the United States Bill Of Rights and France's Declaration Of The Rights Of Man . The ''Directive Principles of State Policy'' are guidelines that the Government should use while framing laws and policies. These provisions, contained in Part IV of the Constitution, are not enforcable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country, making it the duty of the State to apply these principles in making laws. The principles have been inspired by the Directive Principles Given In The Constitution Of Ireland and also by the principles of Gandhism ; they relate to social justice, economic welfare, legal and administrative matters, and foreign policy. The ''Fundamental Duties'' are moral obligations on all citizens of India which help promote a spirit of patriotism and uphold the unity, integrity and sovereignty of India. These duties, given in Part IV–A of the Constitution of India, concern the self, the environment, the State and society, and the Nation. Like the Directive Principles, they are not enforceable in a court of law. Both the Fundamental Rights and the Directive Principles of State Policy were included in the Ist Draft Constitution (February 1948), the IInd Draft Constitution ( 17 October 1948 ) and the IIIrd and final Draft Constitution ( 26 November 1949 ), all of which were prepared by the Drafting Committee . The Fundamental Duties were later added to the Constitution by the 42nd Amendment Act . They have been borrowed from the erstwhile Soviet Constitution . FUNDAMENTAL RIGHTS signing the Constitution Of India on January 24 , 1950 ]] The ''Fundamental Rights'' embodied in Part III of the Indian Constitution act as a guarantee that all Indian citizens can and will lead their lives in peace and harmony as citizens of India. These civil liberties take precedence over other laws of the country. They include individual rights common to most Liberal Democracies , such as equality before law, Freedom Of Speech and Expression , freedom of association and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights by means of Writ s such as Habeas Corpus . The punishment for encroaching on these rights depends upon the discretion of the Judiciary . The six Fundamental Rights are:For the full text of Fundamental Rights, see . # ''Right to equality'' # ''Right to freedom'' # ''Right against exploitation'' # ''Right to freedom of religion'' # ''Cultural and educational rights'' # ''Right to constitutional remedies'' Rights literally mean those freedoms which are essential for personal good as well as the good of the community. The rights guaranteed under the Constitution Of India are fundamental in the sense that they have been incorporated into the Fundamental Law of the Land and are enforceable in a court of law. This does not mean that they are absolute nor that they are immune from Constitutional Amendment . Fundamental Rights for Indians are aimed at overturning the inequalities of pre-independence social practices. They have also been used to abolish " Untouchability "; prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth; and forbid trafficking in human beings and also Forced Labour . They also protect cultural and educational rights of Minorities by allowing them to preserve their languages and also establish and administer their own education institutions. Inspiration for Fundamental Rights India's statement of Fundamental Rights was influenced by many sources, including England's Bill Of Rights (1689), the United States Bill Of Rights (approved on September 17 1787 , final ratification on December 15 , 1791 ) and France's Declaration Of The Rights Of Man (created during the Revolution Of 1789 , and ratified on August 26 , 1789 ). On 10 December , 1948 , the United Nations General Assembly adopted the Universal Declaration Of Human Rights and called upon all member states to adopt these rights in their respective constitutions. These have been incorporated into the Indian Constitution in the form of the Fundamental Rights. Significance and characterisitics of Fundamental Rights The Fundamental Rights were included in the Indian Constitution because they are essential for the development of the personality of every individual and to preserve human dignity. They are secured to promote social progress. Democracy is of no avail if civil liberties, like freedom of speech and religion are not recognized and protected by the State. Democracy is in essence, a government by opinion and therefore, the means of formulating public opinion should be secured to the people of a democratic nation. For this purpose, the Constitution of India guarantees to all the citizens of India the freedom of speech and expression and various other freedoms in the form of the Fundamental Rights. Laski, Harold Joseph , ''Liberty in the Modern State'', New York and London, Harpers and Brothers, 1930. The Fundamental Rights can be altered only by a Constitutional Amendment . Thus, their inclusion is a check not only on the Executive , (the President , Prime Minister , Ministers and government officials), but also on the Parliament and other Legislative Bodies . All people, irrespective of race, religion, caste or sex, have the right to move the . In some cases, High Court judges have acted on their own on the basis of newspaper reports. These Fundamental Rights help in revealing as well as destroying gross violations of human rights. They also emphasize on the fundamental unity of India. All citizens have the same facilities, irrespective of wealth or social status. Some Fundamental Rights are available to persons of any nationality whereas others are available only to the citizens of India. The right to life and personal liberty is available to all people and so is the right to freedom of religion. On the other hand, Freedoms Of Speech and Expression and freedom to reside and settle in any part of the country are reserved to citizens alone. Fundamental Rights primarily protect individuals from arbitrary State action, but some rights are enforceable against private individuals.See ''Bodhisattwa Gautam vs. Subhra Chakraborty'' : The case where Fundamental Rights were enforced against private individuals. URL accessed on class="copylinks">2006-04-11 . For Instance, The Constitution Abolishes [[untouchability and also prohibits '' Begar ''. These provisions act as a check both on State action as well as the action of private individuals. Persons practising untouchability shall be punished according to the law. These rights are not absolute or uncontrolled and are subject to reasonable restrictions as necessary for the protection of general welfare. They can also be selectively curtailed. The Supreme Court has ruled''Kesavananda Bharati vs. The State of Kerala''; AIR 1973 S.C. 1461, (1973) 4 SCC 225, famously known as the "Fundamental Rights case", in which the Supreme Court decided that the basic structure of the Constitution Of India was unamendable. that all provisions of the Constitution, including Fundamental Rights can be amended. However, the Parliament cannot alter the basic structure of the Constitution. Features such as Secularism and Democracy fall under this category. A State Of Emergency In India has an adverse effect on these rights. The rights conferred by Article 19 (freedoms of speech, assembly and movement, etc.) remain suspended. This means that, in such a situation, the Legislature may make laws which go against the rights given in Article 19. Also, the President may by order suspend the right to move court for the enforcement of other rights, that is, the right to constitutional remedies, as well. Right to equality Right to Equality is a very important right given in Articles 14, 15, 16, 17 and 18 of the Indian Constitution . It makes India a true democracy. It guarantees the following: ''Equality before Law'' , given in Article 14 of 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, creed, colour, sex, religion or place of birth. According to the ''Electricity Act'' of ]. for the speedy trial of offences committed by persons holding high offices. Creation of special courts is not a violation of this right. ''Social equality and equal access to public areas'', in Article 15, states that no person will be discriminated 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 Temple s etc. However, the State may make any special provision for women and children. Special provisions may be made for the advancements of any socially or educationally backward class or Scheduled Castes or Scheduled Tribes . ''Equality in matters of public employment'', in Article 16, lays down that the State cannot discriminate against anyone in the matters of employment. All citizens can apply for government jobs. There are some exceptions. The Parliament may make laws prescribing any requirement as to the residence for State employment. This may be meant for posts that require knowledge of the locality and language of the area. The State may also reserve posts for members of backward classes, scheduled castes or scheduled tribes which is not adequately represented in the services under the State. The purpose of reservation of seats is to bring up the weaker sections of the society. Also, there may be a law which requires that the holder of an office of any religious institution shall also be a person professing that particular religion. ''Abolition of Untouchability'', in Article 17, abolishes the practice of Untouchability . Practice of untouchability is an offense and anyone doing so is punishable by law. The ''Untouchability Offences Act'' of 1955 provided penalties for preventing a person from entering a place of worship or from taking water from a tank or well. In 1976, the name of this act was changed from ''Untouchability Offences Act'' to ''Protection of Civil Rights Act''. ''Abolition of Titles'', in Article 18 of the Constitution, prohibits the State from conferring any titles. Citizens of India cannot accept titles from a foreign State. The British government had created an aristocratic class known as ''Rai Bahadurs'' and ''Khan Bahadurs'' in India . These titles were also abolished. However, Military and Academic distinctions can be conferred on the citizens of India. The awards of '' Bharat Ratna '' and '' Padma Vibhushan '' "cannot be used by the recipient as a title and does not, accordingly, come within the Constitutional prohibition".Basu, Durga Das, ''Shorter Constitution of India'', New Delhi, Prentice Hall of India, 1988, 1235 pp. and ''Introduction to the Constitution of India'', New Delhi, Prentice Hall of India, 1993, 475 pp. The Supreme Court, on 15 December , 1995 , upheld the validity of such awards. Right to freedom Democracy presupposes not only equality, but also calls for individual liberty. The Constitution of India, therefore, contains the right to freedom, given in articles 19, 20, 21 and 22, also. Six Freedoms The right to freedom in Article 19 guarantees the following six freedoms: '' Freedom Of Speech and Expression '', which enable an individual to participate in public activities. The phrase, " Freedom Of Press " has not been used in Article 19, but freedom of expression includes freedom of press. Reasonable restrictions can be imposed in the interest of public order, security of State, decency or morality. ''Freedom to assemble peacefully without arms'', which is subject to two limitations, namely, it has to be exercised peacably and also without arms. Further, the State can impose reasonable restrictions in the interest of public order and the sovereignty and integrity of India. ''Freedom to form associations or unions'', on which the State can impose reasonable restrictions on this freedom in the interest of public order, morality and the sovereignty and integrity of India. ''Freedom to move freely throughout the territory of India'', though reasonable restrictions can be imposed on this right in the interest of the general public, for example, restrictions may be imposed on movement and travelling, so as to control Epidemic s. ''Freedom to reside and settle in any part of the territory of India'', which is also subject to reasonable restrictions by the State in the interest of the general public or for the protection of the Scheduled Tribes because "certain safeguards as are envisaged here seem to be justified. Otherwise the tribal people may become easy victims of exploitation."Pylee, M.V., ''India’s Constitution''. New Delhi, S. Chand and Company , 1999, 406 p., ISBN 812191907X. ''Freedom to practice any profession or to carry on any occupation, trade or business'', on which the State may impose reasonable restrictions in the interest of the general public. Thus, there is no right to carry on a business which is dangerous or immoral. Also, professional or technical qualifications may be prescribed for practising any profession or carrying on any trade. Right to Life and Personal Liberty The right to life and personal liberty is also included in the right to freedom. ''Protection with respect to conviction for offences'' is guaranteed in the right to life and personal liberty. According to Article 20, no one can be awarded punishment which is more than what the law of the land prescribes at that time. This legal axiom is based on the principle that no criminal law can be made retrospective, that is, for an act to become an offence, the essential condition is that it should have been an offence legally at the time of committing it. Moreover, no person accused of any offence shall be compelled to be a witness against himself. "Compulsion" in this article refers to what in law is called " Duress " (injury, beating or unlawful imprisonment to make a person do something that he does not want to do). This article is known as a safeguard against self incrimination The other principle enshrined in this article is known as the principle of Double Jeopardy , that is, no person can be convicted twice for the same offence, which has been derived from Anglo Saxon law. This principle was first established in the Magna Carta . ''Protection of life and personal liberty'' is also stated under right to life and personal liberty. Article 21 declares that 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. However, the Right To Life does not include the Right To Die , and hence, Suicide or an attempt thereof, is an offence. "Personal liberty" includes all the freedoms which are not included in Article 19 (that is, the six freedoms). The right to travel abroad is also covered under "personal liberty" in Article 21.'' Maneka Gandhi v. Union of India''; AIR 1978 S.C. 597, (1978). ''Rights of a person arrested under ordinary circumstances'' is laid down in the right to life and personal liberty. No one can be arrested without being told the grounds for his 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. The rights of a person arrested under ordinary circumstances are not available to an enemy alien. They are also not available to persons detained under the ''Preventive Detention Act''. Under Preventive Detention , the government can imprison a person for a maximum of three months. 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 integrity of the nation, it can detain or arrest that person to prevent him from doing this possible harm. After three months such a case is brought before an advisory board for review. ''Right to education'', by the 86th Constitutional Amendment , has been made one of the Fundamental Rights under the right to life and personal liberty. The Constitution 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 also automatically suspended or have restrictions imposed on them during a state of emergency. Right against exploitation .]] The right against exploitation, given in Articles 23 and 24, provides for two provisions, namely, the abolition of Begar and trafficking in human beings, and abolition of employment of children below the age of 14 years in dangerous jobs. '' 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 Constitution forbids employment of children below the age of 14 years in dangerous jobs like factories and mines. According to it, children are the assets of the country and they should be allowed to lead a happy childhood and get Education . Child Labour is a gross violation of the spirit and provisions of the constitution. Exceptions: An exception is made in employment without payment for compulsory services for public purposes. Compulsory military Conscription is covered by this provision. Right to freedom of religion Right to freedom of Religion , covered in Articles 25, 26, 27 and 28, provides religious freedom to all citizens of India. The objective of this right is to sustain the principle of Secularism in 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 propagate any religion of their choice. Thus no one can be allowed to hurt the religious feelings of any class of citizens of India. The wearing and carrying of '' Kirpan s'' is included in the profession of the Sikh Religion . This can be restricted in the interest of public order, morality and health. 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. A State run institution cannot impart education that is pro-religious. Cultural and educational rights India is a country of many languages, religions and cultures. The constitution provides special measures, in Articles 29 and 30, 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 develop 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 develop their own culture. In granting aid to institutions, the State cannot discriminate against any institution on the basis of the fact that it is administered by a minority. But the right to administer cannot include the right to maladminister. In a leading case in 1980, the Supreme Court held that "the State can certainly take regulatory measures to promote the efficiency and excellence of educational standards. (It can also) issue guidelines for ensuring the security of the services of the teachers or other employees of the institution. In another landmark judgement delivered on 31 October , 2002 , the Supreme Court ruled that in case of aided minority institutions offering professional courses, admission could only be through a common entrance test conducted by State or a university. Even an unaided minority institution ought not to ignore the merit of the students for admission. 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 enforced. 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 ''. 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. Right to property — a former Fundamental Right The original Constitution provided for the Right To Property under the Articles 19 and 31. Article 19 guaranteed to all citizens the right to acquire, hold and dispose of property. Article 31 provided that "no person shall be deprived of his property save by authority of law". It also provided that compensation would be paid to a person whose property has been take for public purposes. The provisions relating to the right to property were changed a number of times. The 44th Amendement act of 1978 deleted the right to property from the list of Fundamental Rights. A new article, Article 300-A, was added to the Constitution which provided that "no person shall be deprived of his property save by authority of law". Thus if a legislature makes a law depriving a person of his property, there would be no obigation on the part of the State to pay anything as compensation. The aggrieved person shall have no right to move the court under Article 32. Thus, the right to property is no longer a Fundamental Right, though it is still a Constitutional Right. If the government acts unfairly, the action can be challenged. Critical evaluation of Fundamental Rights The Fundamental Rights have been criticised for many reasons. Firstly, the Constitution does not guarantee rights such as the Right To Work , the right to economic assisitance in case of Unemployment , old age, and similar rights. Secondly, the right to freedom and personal liberty has a number of limiting clauses. The phrases "security of State", "public order" and "morality" are of wide implication. There is also the provision of preventive detention and suspension of fundamental rights in times of Emergency. Acts like MISA (''Maintenance of Internal Security Act'') and NSA (''National Security Act'') seem to erode the essence of the rights. It is true that these provisions are open to abuse, but in the view of the conditions prevailing in India, such restrictions were deemed necessary. Thirdly, phrases like "reasonable restrictions" or "in the interest of public order" are vague and ill-defined. They lead to unnecessary litigation. DIRECTIVE PRINCIPLES OF STATE POLICY Directive principles of State Policy (DPSPs), given in part IV of the Constitution Of India , are certain directions given 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. The concept of Directive Principles of State Policy has been borrowed from the Irish Constitution. .]] Directive Principles are classified under the following categories: . Inspiration of DPSPs The makers of the Constitution Of India had great admiration for the Irish Nationalist Movement . While framing the Directive Principles, they were inspired by the Directive Principles Of State Policy given in the Irish Constitution . But the idea of such policies "can be traced to the Declaration Of The Rights Of Man proclaimed Revolutionary France and the Declaration of Independence by the American Colonies." . The makers of the Indian constitution were also inspired by the United Nations Universal Declaration Of Human Rights Significance and characteristics of DPSPs DPSPs aim to create social and economic conditions under which the citizens can lead a good life. They also help to establish social and economic democracy through a welfare state. They act as a check on the 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 . The Directive Principles are non-justiciable Right s of the people. These provisions are not enforceable in a Court of law. If a Directive is infringed, no remedy is available to the aggrieved party by way of judicial proceedings. The Directive Principles, though not justiciable, are fundamental in the governance of the country. It shall be the duty of the State to apply these principles in making laws. Besides, all Executive Agencies should also be guided by these principles. Even the Judiciary has to keep them in mind in deciding cases. Article 31-C, inserted by the 25th Amendment Act of 1971 seeks to upgrade the Directive Principles. If laws are made to give effect to the Directive Principles over Fundamental Rights, they shall not be invalid on the grounds that they take away the Fundamental Rights. DPSPs promote an environment where the citizen's life becomes comfortable and meaningful. If the Government fails to provide these conditions, the citizens are free to vote that government out in the next election and elect a new government. However, if a government does not adhere to the DPSPs, no punishment can be meted out since they are only guidelines; and not laws; and are hence, non-justiciable. This means that a person cannot go to court if the government makes a law which is not in adherence to the DPSPs. 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. In case of a conflict between Fundamental Rights and DPSP's, if the DPSP aims at promoting larger interest of the society, the court will uphold the case in favour of the DPSP. Implementation of Directive Principles The following are the efforts made by the State to implement the Directive Principles. Social justice The Programme of Universalization of Elementary Education has been accorded the highest priority in order to provide free Education to all children up to the age of 14 years. The 86th constitutional amendment of 2002 inserted a new article, Article 21-A, into the Constitution, which seeks to provide free and compulsory education to all childre aged 6 to 14 years. Welfare schemes for the weaker sections are being implemented both by the Central and state governments. These include programmes such as boys' and girls' Hostel s for Scheduled Castes ' or Scheduled Tribes ' students. The year 1990-1991 was declared as the "Year of Social Justice" in the memory of B.R. Ambedkar . The government provides free textbooks to students belonging to scheduled castes or scheduled tribes pursuing medicine and engineering courses. During 2002-2002, a sum of Rs. 4.77 Crore was released for this purpose. In order that scheduled castes and scheduled tribes are protected from atrocities, the Government enacted the Prevention of Atrocities Act, which provided severe punishments for such atrocities. Economic welfare Several Land Reform Acts were enacted to provide ownership rights to poor farmers. Up to September 2001, more than 200 Lakh Acre s of land had been distributed to scheduled castes, scheduled tribes and the landless poor. The thrust of banking policy has been to improve banking facilities in the rural areas. Nationalised banks were liberal in advancing loans to poor farmers, artisans and those wishing to set up Cottage Industries . The Minimum Wages Act empowers government to fix minimum wages for employees engaged in various employments. The Equal Renumeration Act of 1976, provides for equal pay for equal work for both men and women. The ''Sampoorna Grameen Rozgar Yojana'' was launched in 2001 to attain the objective of gainful employment for the rural poor. The programme was implemented through the Panchayati Raj Institutions . Legal and administrative matters Panchayat Raj now covers almost all States And Union Territories . One-third of the total number of seats have been reserved for women in Panchayats at every level; in the case of Bihar , half the seats have been reserved for women. Legal aid at the expense of the State has been made compulsory in all cases pertaining to criminal law, if the accused is too poor to engage a lawyer. Judiciary has been separated from the executive in all the states and Union teritories except Jammu And Kashmir and Nagaland . Foreign policy India's Foreign Policy has also to some degree been influenced by the DPSPs. India has in the past condemned all acts of Aggression and has also supported the United Nations ’ peace-keeping activities. By 2004, the Indian Army had participated in 37 UN peace-keeping operations. India played a key role in the passing of a UN resolution in 2003, which envisaged better cooperation between the Security Council and the troop-contributing countries. India has also been in favour of nuclear disarmament. FUNDAMENTAL DUTIES A duty means "an obligation imposed by a law or custom or person". Duties, like rights, are moral as well as legal. Fundamental Duties of India are given in Part IV–A of the Indian Constitution . They were added to the Constitution by the 42nd Amendment Act of 1976. They have been borrowed from the erstwhile Soviet Constitution . Such duties are not generally found in constitutions based on western liberal traditions. They are a distinguishing feature of socialist constitutions. But they are also found in non-socialist constitutions, like the Constitution of Sri Lanka. The ten Fundamental Duties, given in Article 51-A of the Constitution, can be classified under the following categories: duties towards self, duties concerning the environment, duties towards State and society, and duties towards the Nation.For the full text of Fundamental Duties, see . To some extent their inclusion in the constitution may also be associated with cultural traditions of a society. Thus, the Asian and African societies give greater emphasis to duties than the western societies. There is reference to such duties in international instruments such as the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights. 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 were incorporated with the purpose of promoting patriotism in citizens, helping them to follow a code of conduct that would strengthen the nation, protect its sovereignty and integrity and promote the ideals of harmony. These obligations extend not only to the Citizen s of India, but also to the State. However, Fundamental Duties are non-justiciable: a person cannot be taken to court for not fulfilling his or her Fundamental Duties. They are merely moral obligations which every citizen of India is expected to fulfill. They are in nature a Code of Conduct which every citizen and the State has to follow. The inclusion of fundamental duties reminds that the constitution presents an integrated scheme of which the fundamental or any other constitutional rights are only a part. The scheme must also be taken as a part of the constitution. The fundamental duties, when they are mentioned in the Constitution, take an educative role. They also hold legal value, because when laws, legislated by the Parliament or the State Legislature cannot be held invalid on the ground of conflict with the Fundamental Rights unless such conflict is irreconcilable. The rights must be reconciled with the duties. Critical evaluation of Fundamental Duties ]] The Fundamental Duties have been criticized for mainly two reasons. Firtsly, some of the duties are vague in nature. It is not known as to what is the real meaning of phrases like "scientific temper" and "spirit of enquiry and reform". Secondly, the Fundamental Duties carry no penal provisions and cannot be enforced in courts through Writ s and inclusion of duties in the contitution is not found necessary because they can always be imposed by the State in the absence of or consistently with the fundamental rights. However, many duties have a binding force. For example, showing disrespect to the National Flag is an offence punishable by law. Similarly, people may be called upon to defend the country. They may be compulsorily recruited for the armed forces of the country through Conscription . Also, the law punishes those who damage Public Property . COMPARISON 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 Duties are social and moral ''Constitutional obligations'' imposed on every citizen of India to ensure peace and progress of the country. 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 Duties are ''partly justiciable and partly non-justiciable''. Fundamental Rights aim at promoting ''political democracy''. DPSPs aim at promoting ''social and economic democracy'', and Fundamental Duties ensure ''peace and progress'' of the country. AMENDMENTS Changes in Fundamental Rights, Directive Principles and Fundamental Duties require a Constitutional Amendment which has to be passed by a special majority of both houses of the Parliament . This means that an amendment requires the approval of two-thirds of the members present and voting. However, the number of members voting should not be less than the Simple Majority of the house - whether the Lok Sabha or Rajya Sabha . Originally, the ''. The ''right to education'' at elementary level has been made one of the Fundamental Rights under Right To Life And Personal Liberty by the 86th constitutional amendment of 2002. ''Article 31-C'', inserted into the Directive Principles of State Policy by the 25th Amendment Act of 1971 seeks to upgrade the DPSPs. If laws are made to give effect to the Directive Principles over Fundamental Rights, they shall not be invalid on the grounds that they take away the Fundamental Rights. The ''11th Fundamental Duty'', which states that ''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'', was added by the 86th constitutional amendment of 2002. SEE ALSO REFERENCES
NOTES The term "State" includes all authorities within the territory of India. It includes the Government Of India , the Parliament Of India , the Government and legislature of the States Of India . It also includes all local or other authorities such as Municipal Corporations, Municipal Boards, District Boards, Panchayat s etc. To avoid confusion with the term States And Territories Of India , State (encompassing all the authorities in India) has been capitalized and the term State is in lowercase. |
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