4.1.1 Overview and Classification
In Indian constitutional law, Fundamental Rights and Duties form an integral part of the Constitution, ensuring protection of individual liberties and outlining the responsibilities of citizens towards the nation. Here’s a comprehensive overview and classification of Fundamental Rights and Duties:
Fundamental Rights (Part III of the Constitution):
(1) Overview:
Fundamental Rights are essential rights that guarantee individual liberties and freedoms, protecting citizens from arbitrary actions by the state or any authority.
They are enforceable rights and are justiciable, meaning individuals can approach courts to seek remedies in case of their violation.
These rights are not absolute and are subject to reasonable restrictions in the interest of public order, morality, health, or the sovereignty and integrity of India.
(2) Classification of Fundamental Rights:
a. Right to Equality (Articles 14-18):
Article 14 ensures equality before the law and equal protection of the laws.
Articles 15 and 16 prohibit discrimination based on religion, race, caste, sex, or place of birth in matters related to access to public places, employment, or opportunities.
b. Right to Freedom (Articles 19-22):
Article 19 guarantees certain freedoms: freedom of speech and expression, assembly, association, movement, residence, and profession.
Article 20 protects individuals against self-incrimination and double jeopardy.
Article 21 ensures the right to life and personal liberty.
c. Right Against Exploitation (Articles 23-24):
Article 23 prohibits trafficking, forced labor, and employment of children in hazardous occupations.
Article 24 bans the employment of children below the age of 14 in factories, mines, or hazardous work.
d. Right to Freedom of Religion (Articles 25-28):
Article 25 grants individuals the right to freely profess, practice, and propagate any religion.
Articles 26-28 provide rights related to religious institutions, religious affairs, and religious instruction.
e. Cultural and Educational Rights (Articles 29-30):
Article 29 safeguards the interests of minorities by providing them the right to conserve their language, script, or culture.
Article 30 grants minorities the right to establish and administer educational institutions.
Significance:
Fundamental Rights ensure the protection of individual liberties, dignity, and equality, thereby promoting social justice, inclusivity, and democratic values in society.
They empower citizens to challenge unconstitutional actions of the state or any authority before courts, ensuring a check on arbitrary exercises of power.
Fundamental Duties (Part IV-A of the Constitution):
(1) Overview:
Fundamental Duties were added to the Constitution through the 42nd Amendment in 1976, inspired by the principles of the Constitution’s Preamble.
These duties are non-justiciable, meaning citizens cannot directly approach courts for their enforcement.
(2) Classification of Fundamental Duties (Article 51A):
Article 51A enlists the following fundamental duties that citizens should abide by:
To abide by the Constitution and respect its ideals and institutions.
To cherish and follow the noble ideals that inspired the freedom struggle.
To uphold and protect the sovereignty, unity, and integrity of India.
To defend the country and render national service when required.
To promote harmony and the spirit of brotherhood among all.
To value and preserve the rich heritage of the country’s composite culture.
To protect and improve the natural environment.
To develop scientific temper, humanism, and the spirit of inquiry and reform.
To safeguard public property and abjure violence.
To strive for excellence in all spheres of individual and collective activity.
(3) Significance:
Fundamental Duties emphasize the importance of citizenship, societal responsibilities, and the contribution of individuals towards nation-building.
While non-justiciable, these duties encourage citizens to act responsibly and contribute positively to the progress and well-being of the nation.
4.1.2 Legal Implications and Case Law
In Indian constitutional law, Fundamental Rights and Duties hold immense legal significance, shaping the framework for governance and providing avenues for protecting individual liberties while outlining citizens’ responsibilities towards the nation. Here’s a detailed analysis of the legal implications of Fundamental Rights and Duties, along with relevant case law:
Legal Implications of Fundamental Rights:
(1) Enforceability and Justiciability:
Fundamental Rights are enforceable through courts, allowing individuals to seek remedies if these rights are violated.
Case Law: In the case of Maneka Gandhi v. Union of India (1978), the Supreme Court expanded the scope of Article 21 (right to life and personal liberty) and held that “procedure established by law” under Article 21 should be fair, just, and reasonable.
(2) Doctrine of Reasonable Restrictions:
Fundamental Rights are not absolute and can be subject to reasonable restrictions imposed by the state in the interest of public order, morality, health, or the sovereignty and integrity of India.
Case Law: Kesavananda Bharati v. State of Kerala (1973) established the doctrine of basic structure, asserting that while Parliament can amend the Constitution, it cannot alter its basic structure. This ensures the preservation of essential features, including Fundamental Rights.
(3) (Public Interest Litigation (PIL):
Fundamental Rights empower citizens to file Public Interest Litigations to address societal issues affecting the public at large, enabling the judiciary to safeguard constitutional rights.
Case Law: In Vishaka v. State of Rajasthan (1997), the Supreme Court laid down guidelines to prevent sexual harassment at workplaces, filling a legislative void and safeguarding the right to equality and dignity at work.
(4) Social Justice and Right to Equality:
Fundamental Rights promote social justice and equality. They prohibit discrimination based on religion, race, caste, sex, or place of birth.
Case Law: Indra Sawhney v. Union of India (1992) upheld reservations for socially and educationally backward classes in public employment and reaffirmed the right to equality.
Legal Implications of Fundamental Duties:
(1) Non-Justiciable Nature:
Fundamental Duties are non-justiciable, meaning citizens cannot directly approach courts for their enforcement.
Case Law: In Gopalan vs State of Madras (1950), the Supreme Court held that Fundamental Duties are moral obligations and cannot be enforced by law.
(2) Complementary Nature to Rights:
Fundamental Duties complement Fundamental Rights, emphasizing citizens’ responsibilities towards society and the nation.
Case Law: The case of State of Karnataka v. Shri Ranganatha Reddy (1978) highlighted that duties are supplementary to rights and contribute to maintaining a balance between individual rights and societal obligations.
(3) Nation-Building and Civic Responsibility:
Fundamental Duties promote nation-building, ethical conduct, and a sense of civic responsibility among citizens.
Case Law: Union of India v. Raghubir Singh (1989) emphasized the duty of citizens to pay taxes as a contribution towards the nation’s progress and welfare.
(4) Role in Policy Formulation:
While non-justiciable, Fundamental Duties guide policy formulation and serve as a moral and ethical compass for citizens.
Case Law: MC Mehta v. Union of India (1987) highlighted the duty of citizens to protect the environment, indirectly emphasizing the importance of fulfilling Fundamental Duties.