Fundamental Rights:
Fundamental
Rights provide the social and political atmosphere necessary for the
development of the personality of citizens. They are required for a person to
lead a civilized life in society. They are also essential for the success of a
democracy. There were 7 Fundamental Rights mentioned in the part 3 of our
Constitution. However, after the 44th Amendment Act, in 1978 the right to
property has been abolished. There are 6 Fundamental Rights at present.
Right to Equality:
This
right is very essential for the success of democracy. Under this, all citizens
are equal socially and economically before the law. All are equal before the
Law and nobody is above the Law. All should get equal protection from the Law
and none should be discriminated against on the basis of their caste, religion,
gender or place of birth. No citizen should be subjected to any restrictions
with regard to access to shops, restaurants, hotels, places of public
entertainment or public places of worship. Under this Right, untouchability is
an offence. This Right has enabled every citizen to get an equal opportunity to
join government service.
Right to Freedom: It
is one of the important Fundamental Rights. Under this right one who express
his own opinion, to conduct meetings without arms, to establish organizations,
to live anywhere in India and to follow any profession and move around the
country. It is a defensive right also and no one can be arrested without proper
reason. No state law can snatch the life and freedom of a citizen. All citizens
are accorded constitutional protection against any kind of exploitation.
Right against Exploitation: All
citizens are accorded constitutional protection against any kind of
exploitation. The aim of this Right is to prevent exploitation of women,
children, the poor and the weak. Employment of children under 14 years of age
in mining, industries and other dangerous occupations is punishable under law.
Right to Freedom of Religion:
Since
India is a secular country, no religion has been given the status of a national
religion. Citizens can accept any religion that their conscience dictates, practice
it and propagate it. No one can be forced to pay taxes for the management of
religious institutions. Use of religious places for political and other
activities has been prohibited in the country.
Cultural and Educational Rights:
All
citizens of the country have their own language, script and culture. It is the
duty of the State to protect them. This Right protects the interests of
religious and linguistic minorities. No one can be denied admission in a
government aided institution or institutions run by minorities. All the
religions and linguistic minorities have the right to establish their own
educational institutions.
Right to Constitutional Remedies:
The
Constitution has not only given Fundamental Rights to the citizens of India but
also guaranteed them under Article 32. Dr. B.R. Ambedkar has called this Right
“The Heart and soul” of the constitution. Whenever the Rights are violated
either by a person or State Government or the Central Government, the citizens
may appeal directly to the Supreme Court for their protection plea to High
court also. The Supreme Court is empowered to enforce the Fundamental Rights.
Hence it is called ‘The Protector of Fundamental Rights’. This court can accept
the following writ petitions for the protection of citizens’ rights.
a. Habeas Corpus:
When a person has been arrested without a reason, he or anyone else can file
this petition on his behalf, asking for his release. The arrested person has to
be produced before the court within 24 hours. This writ petition does not apply
to criminal cases.
b. Mandamus:
When an official refuses to exercise his power or discharge his duties or when
a subordinate court refuses to discharge its duty, the Supreme Court or the
High Court can issue a Direction to the concerned asking them to carry out
their responsibilities.
c. Prohibition:
This is a prohibitory order issued in a written form by the Supreme Court
preventing a subordinate court from trying a case or issuing a judgment in
cases beyond the limits of its authority.
d. Certiorari:
This is an order issued by the Supreme Court to the lower courts asking them to
transfer their cases to the higher courts whenever they try the cases beyond
their limits of authority. The Supreme Court also annuls the judgment given by
those courts in such cases.
e. Co-warrant: A
co-warrant is issued by Supreme Court in order to interrogate in court the
person who has occupied a government post without possessing the required
qualification for it.
Public Interest Litigations:
Public interest litigations (PIL) can be filed in courts in order to protect
the civil rights denied to citizens and to protect public interest. Public
interest litigations can be filed for the purpose of protecting legal rights,
rights are essential to protect life and to protect environment from being
polluted. These public interest litigations can be filed by individuals and
social institutions. PIL can be filed only in Supreme Court and high courts of
India. In recent years we see that courts on their own are filing such public
interest litigations based on information published through media.
Fundamental Duties
Rights
and Duties are the two faces of the same coin. Rights without duties have no
value or significance. Part 4A through the 42nd Amendment Act of constitution
in 1976, 10 Fundamental Duties were included later in 2002 through the 86th
Amendment act of constitution 11 Fundamental duties was added. They are:
1.
To respect the Constitution, National Flag and National Anthem.
2.
To follow the noble ideals that inspired our National Struggle for Freedom.
3.
To protect the integrity of India.
4.
To defend the motherland when called upon to do so.
5.
To promote the spirit of common brotherhood amongst all the people of India.
6.
To preserve our rich heritage.
7.
To protect and improve the natural environment.
8.
To develop the scientific temper and the spirit of enquiry.
9.
To safeguard public property and to give up violence.
10.
To strive towards excellence in all spheres of individual and collective
activities.
11.
The Parents or the guardians should provide an opportunity for education to
their children between 6 and 14 years.
Unlike
fundamental rights, there is no protection from a court of law with regard to
duties. However, there will be punishment under law for those who violate their
duties.
Directive Principles of State Policy:
With
an aim to establish a Welfare State, certain directive principles of state
policy have been incorporated in the Constitution. These principles serve as
guidelines to the State. The framers of our constitution were inspired by the
Irish constitution to include such directive principles. These directive
principles are in the form of directions to the (Central or State-local)
governments. Through these, the government intends to provide economic, social
and political justice to its citizens. But these principles are based on
ethics. So, if the governments, Central or State, do not implement them, they
cannot be questioned in a court of law. These principles are socialist and
liberal and have been based on Gandhian ideals.
The Directive Principles are:
1.
To provide adequate means of livelihood to all citizens.
2.
To prevent the community wealth and resources from becoming the private
property of a few people.
3.
To provide equal pay for equal work to both men and women and to protect labor
welfare.
4.
To provide public assistance to those who are old, sick and weak or helpless.
5.
To implement a Uniform Civil Code throughout the country.
6.
To provide opportunities for the development of health and pre-school education
to all children below 6 years.
7.
To protect historical monuments and maintain places of historical interest.
8.
To separate the Executive from the Judiciary.
9.
To protect international peace and to respect international law. To encourages
the settlement of International disputes through arbitration.
10.
To establish Gram Panchayats.
11.
To encourage rural and cottage industries.
12.
To organize and develop agriculture and animal husbandry on modern lines.
13.
To ensure prohibition of liquor.
14.
To ensure development of farming based on scientific methods.
The
Directive Principles of State Policy are important. They aim to achieve social
welfare. While Fundamental Rights relate to an individual, the Directive
Principles of State Policy relate to the whole community. The Central and the
State Governments are making attempts to implement all the principles. These
principles aim at holistic development of India.
0 comments
Post a Comment