Introduction
The Constitution of India guarantees Fundamental Rights to its citizens while also prescribing Fundamental Duties to ensure responsible citizenship. These provisions aim to create a balanced framework where individual liberties are protected while maintaining social harmony and national integrity. This article explores the scope, significance, and judicial interpretations of Fundamental Rights and Duties.
Fundamental Rights: The Cornerstone of Democracy
Concept and Need
Fundamental Rights are enshrined in Part III (Articles 12-35) of the Constitution, ensuring protection against state actions that infringe upon individual liberties. They are justiciable, meaning individuals can approach courts for enforcement.
Types of Fundamental Rights
- Right to Equality (Articles 14-18)
- Article 14: Equality before law and equal protection of laws.
- Article 15: Prohibition of discrimination based on religion, race, caste, sex, or place of birth.
- Article 16: Equal opportunity in public employment.
- Article 17: Abolition of untouchability.
- Article 18: Abolition of titles except for military and academic distinctions.
- Right to Freedom (Articles 19-22)
- Article 19: Six freedoms (speech, assembly, association, movement, residence, and profession).
- Article 20: Protection against conviction without law.
- Article 21: Right to life and personal liberty.
- Article 21A: Right to education (inserted by the 86th Amendment, 2002).
- Article 22: Protection against arbitrary arrest and detention.
- Right Against Exploitation (Articles 23-24)
- Prohibits human trafficking, forced labor, and child labor in hazardous industries.
- Right to Freedom of Religion (Articles 25-28)
- Guarantees freedom of conscience and religious practice while ensuring state neutrality.
- Cultural and Educational Rights (Articles 29-30)
- Protects the rights of minorities to preserve their culture and establish educational institutions.
- Right to Constitutional Remedies (Article 32)
- Empowers citizens to approach the Supreme Court for enforcement of Fundamental Rights.
- Dr. B.R. Ambedkar called this the “heart and soul” of the Constitution.
Judicial Interpretation and Expansion
The Supreme Court has played a crucial role in expanding the scope of Fundamental Rights:
- Kesavananda Bharati Case (1973): Introduced the Basic Structure Doctrine.
- Maneka Gandhi Case (1978): Expanded the meaning of the right to life and personal liberty.
- Vishaka Case (1997): Recognized sexual harassment at the workplace as a violation of Fundamental Rights.
Fundamental Duties: Complementing Rights with Responsibilities
Introduction and Need
Originally absent in the Constitution, Fundamental Duties were added by the 42nd Amendment in 1976 (Part IV-A, Article 51A). Inspired by the Soviet model, they aim to instill a sense of duty among citizens.
List of Fundamental Duties
Article 51A lists 11 Fundamental Duties, including:
- To abide by the Constitution and respect national symbols.
- To uphold and protect the sovereignty, unity, and integrity of India.
- To promote harmony and the spirit of common brotherhood.
- To safeguard public property and abjure violence.
- To develop scientific temper and humanism.
- To strive for excellence in all spheres.
Relationship Between Rights and Duties
Fundamental Rights and Duties are complementary:
- Rights empower individuals, while duties ensure responsible exercise of these rights.
- Courts have emphasized that duties cannot be legally enforced but serve as guiding principles for citizens.
Conclusion
The harmonious coexistence of Fundamental Rights and Duties strengthens democracy and national integrity. While rights provide individuals with freedom and protection, duties remind them of their responsibility toward society. Ensuring awareness and adherence to both is crucial for a progressive and just society.
