What are the Fundamental Rights and Duties?

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Fundamental Rights and Duties

Fundamental rights and duties are an integral part of the syllabus of class 8 political science as well as commercial competitive exams like SSC- CGL/CHSL and UPSC exams. Whether you are a school student or preparing for entrance exams, it is necessary to have a sound knowledge about the rights and duties of the citizen of the country. If you are facing trouble in remembering them, here is an insightful blog on fundamental rights and duties with some interesting facts about them which help you score that extra mark in your exams. So let’s get started! 

What are the Fundamentals Rights and Duties? 

The constitution of India commenced on 26th January 1950, however, it was completed on 26th November 1949. It consists of various rights as well as duties that are mandatory for the citizens of India. Being an inseparable part of our constitution, fundamental rights and duties are very well explained in it. There are 6 fundamental rights as well as 11 fundamental duties. 

YouTube: Finology Duties

Before moving on to the description of fundamental rights and duties,
have a look at the Public Administration Syllabus for UPSC!

Fundamental Rights of Indian Constitution

Fundamental Rights
Source: Pinterest

Defined in part 3 of the Indian constitution, fundamental rights are the basic human rights of all the citizens of India. They are to be followed by all, irrespective of religion, place of birth, race, creed,  gender, or caste. Fundamental rights are enforced by the courts and may possess some specific restrictions. Mentioned below are the 6 important fundamental rights derived from the Indian constitution- 

  1. Article 14 – 18: Right to Equality 
  2. Article 19 – 22: Right to Freedom
  3. Article 23 – 24: Right Against Exploitation
  4. Article 25 – 28: Right to Freedom of Religion
  5. Article 29 – 30: Cultural and Educational Rights
  6. Article 30: 35 Right to Constitutional Remedies

Article 14 – 18: Right to Equality 

These articles discuss the importance of equal rights for all citizens of the country, regardless of caste, class, creed, gender, birthplace, or race. It states that equal opportunities in employment and other areas will be provided. 

These articles also fight toward the removal of orthodox practices such as untouchability that have been prevalent in the country.

Source: Magnet Brains

Article 19 – 22: Right to Freedom

This is one of the country’s most significant rights. The Indian constitution guarantees residents of the country freedom in a variety of ways. Given below are the fundamental rights of citizens under this article in the Indian constitution.

  • Expression
  • Speech
  • Assembly without arms
  • Practicing any profession
  • Residing in any part of the country
Source: Bookstawa

Article 23 – 24: Right Against Exploitation

The exploitation of humans and their rights are addressed in these articles. Any activity that encourages child labour, human trafficking, or other forms of forced labour is prohibited. This article also prevents the government from imposing any mandatory public service.

Furthermore, the state shall not discriminate against anyone on the basis of caste, creed, gender, or other factors when enforcing such obligations.

Article 25 – 28: Right to Freedom of Religion

Since India is a secular country with people of many different religions and faiths, it is essential that we, as well as the Indian constitution, encourage religious freedom. The state can be restrained from enacting laws that are unconstitutional under these articles. It grants citizens of the country to follow or worship any religion of their choice. 

Source: YG Law

Article 29 – 30: Cultural and Educational Rights

These are the articles that help cultural, religious, and linguistic minorities secure their rights by preserving their heritage and culture. There is supposed to be no official religion in the state. According to these articles, the state has no jurisdiction to discriminate against any educational institution based on the fact that it is operated by a minority group.

Source: Bookstawa

Article 30: 35 Right to Constitutional Remedies

These articles bind all of the preceding since this right ensures that none of the other essential rights is violated in any way. Any citizen of the country who believes their rights have been violated has the right to go to court and demand justice. The supreme court also has the power to issue search warrants against activities that it deems improper under these articles.

Source: Finology Legal

Now that you are aware of the fundamental rights,
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Fundamental Duties of Indian Citizens 

Predominantly defined as the moral obligations of the Indian citizens the fundamental duties mentioned in the Indian constitution propagate a spirit of patriotism as well as promote unity amongst the citizens of the country. We have 11 fundamental duties which are mentioned in part IV-A of the constitution along with the Directive Principles. These duties are a vital part of the Indian constitution but are not enforceable by the law. Unlike fundamental rights, every citizen is suggested to abide by the fundamental duties. Let us now explore the 11 fundamental duties of our constitution- 

S.No Fundamental Duties 
1. Abide by the Indian Constitution and respect its ideals and institutions, the National Anthem and the National Flag
2. One must cherish and follow the noble ideals which inspired the national struggle for freedom
3. Uphold and protect the sovereignty, unity and integrity of India
4. Defend the country and render national service when called upon to do so
5. Promote harmony and spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women
6. Value and preserve the rich heritage of the country’s composite culture
7. Protect and improve the natural environment including forests, lakes rivers, and wildlife and have compassion for living creatures
8. Develop scientific temper, humanism and the spirit of inquiry and reform
9. Safeguard public property and abjure violence
10. 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. Provide opportunities for education of his child or ward between the age of six and fourteen years

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Importance of Fundamental Duties

S.No Importance of Fundamental Duties
1. They warn the citizens of India against the anti-national and anti-social activities
2. They remind Indian Citizens of their duty towards Indian society, fellow citizens and the nation
3. They are enforceable by law
4. They help Courts in examining and determining the Constitutional validity of the law
5. They inspire citizens in promoting a sense of discipline and commitment amongst them

Directive Principles of State Policy 

The directive principles of the state policy entail certain guidelines that are used by the Government to frame laws and regulations. Part 4 of the Indian constitution includes directive principles. As stated in article 37, directive principles are not enforceable by the courts under their respective jurisdiction. To put it in simpler words, directive principles are fundamental principles on which certain guidelines of the government are based. It is mandatory for a state to follow the directive principles that are designed by the law. The directive principles of state policy are established in accordance with the other prominent articles of the constitution of India. Let us now dive into important features of this topic- 

Articles Features 
37 Non-enforceability in court 
39A Ensuring participation of workers in the management of industries
41-43 Minded the state to endeavour to secure all the rights of citizens to work, a living wage, security, maternity relief and decent standards of living
43 -Promotion of industries
-Establishment of several boards for the promotion of khadi and other handlooms 
45 -Free and compulsory education to children between the age group of 6 to 14 
-After the 2002 amendment childhood care age limit was shifted to below 6 years
47 -Raise the standard of living and improve public health 
-Prohibition of consumption of intoxicating drinks and drugs injurious to health 
48 Organising agriculture and animal husbandry on modern and scientific lines 
48 A Protecting the environment and safeguarding the forests and wildlife of the nation
49 Preservation of monuments and objects of national importance
50 Separating the judiciary from the executive and public services
51 -International security and peace
-Implementation of laws by giving effect to international treaties

The Relationship Between Fundamental Rights, Fundamental Duties and Directive Principles of State Policy

Directive Principles of State Policy are used to uphold the Constitutional validity of legislation when there is a conflict with Fundamental Rights. The 1971 Amendment states that if any law deviates from the Fundamental Rights but has been made to give effect to the Directive Principles of State Policy in Article 39(b) ©, would not be deemed invalid. All citizens of India shall be deemed to observe their Fundamental Duties to the State. 

Fundamental Rights and Duties PPT

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Thus, we hope that through these notes about fundamental rights and duties you are all clear about the concept. For life-changing career advice, reach out to our experts at Leverage Edu. Book a free e-meeting session with us now!

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