What is the importance of the Fundamental Duties given in our constitution? On what grounds can you criticize them?

Simply the responsibility of doing or of not doing some work is known as duty. Duty is that positive or negative work that a man has to do, he may be willing for that or not. The fundamental duties are those duties which are essential for every citizen for his/her own progress, for the progress of the society and for the well-being of the nation.

The importance of the fundamental duties is given below:

1. Fundamental Duties are non-controversial in nature: Politicians of different views agree on the utility and importance of Fundamental Duties. They are in the best interest of the country and awaken patriotism among the citizens.

2. The Fundamental Duties are the ideals and the guidelines for the individual: These rights are ideal in nature and lead the citizen in the right direction. The environment of selfishness is rampant in the country. There is no balance between the interests of the society and individual. This tendency is eroding the society. Fundamental duties would serve as an ideal behaviour to all of them.

3. The Fundamental Duties will create consciousness among the people: The fulfilment of the fundamental duties are voluntary and not compulsory. They will slowly awaken the conscience of the people to do their duties. The late Prime Minister Indira Gandhi said in the Parliament - 'If people start keeping the Fundamental Duties in their minds, we would soon witness a peaceful and friendly revolution.'

Criticism of the Fundamental Duties:

1. The Fundamental Duties are vague: Even if citizens intend to obey these duties, it is not possible for them to do the same because they do not know what to do or how to do, for instance, how to maintain the sovereignty, integrity or glorious heritage of the country, or have scientific temper, etc. Actually, these duties are expressed in vague language, and cannot provide any guidance to citizens. Citizens look for definite statement of duties to be followed by them and not those impractical duties.

2. The Fundamental Duties are beyond the jurisdiction of the court: As these duties are beyond the jurisdiction of the court, the awakening of citizens on these duties is not possible. Even if there is any idea to place these duties under the jurisdiction of the court, then these duties have to be given a legal shape. The form of these duties as stated in the Constitution is such that it is difficult to ascertain whether they are obeyed or violated by a citizen. It is difficult to determine whether a citizen has or has not maintained the sovereignty of the country as mentioned in fundamental duties.
1026 Views

State comparatively the relationship between the Directive Principles and the Fundamental Rights.

The Indian Bill of Rights has been included in Part III of the Constitution. It lays down the foundation of political democracy in the country. But political democracy is hollow if it is not accompanied by economic democracy. Afluness and starvation cannot go together. PartIV of the Constitution deals with the Directive Principles. The aim of the Directive Principlesis to establish a welfare state.

The Fundamental Rights and the Directive Principles are distinct entities in an integrated system. The system is aimed at the individual liberty in a welfare state. The rights are guaranteed to the individual. The Directive Principles are instructions to the state. There are some essential points of differences between the two —

Difference between the Fundamental
Rights and the Directive Principles:

1. Fundamental Rights are justiciable but Directive Principles are not: The
Fundamental Rights are justiciable. A case can be made to the Supreme Court or to a High Court,if any one of them is violated. To safeguard them is a pious duty of the judiciary which has been allotted to it by the Constitution. No executive or legislative has the authority to violate them. If any act of the executive or a law of the legislature violates any Fundamental Right, the judiciary has the power to declare that action or law void to the extent of violation. Every citizen has the right to approach the judiciary for getting the rights safeguarded.

But the Directive Principles are non-justiciable i.e., no case can be taken to a law court,in case a Directive Principle is violated. These have been put into the Constitution only to remind the Central and State Governments that these are their pious duties. If the government violates them or does not act in accordance with them, no case can be taken to the judiciary against it.

2. Directive Principles concern with the state while the Fundamental Rights with the citizens:
There is also a difference between the Fundamental Rights and the Directive Principles that the former are directly concerned with the individuals, whereas, the direct relation of the latter is with the state. The Fundamental Rights are guaranteed for all and everyone has the right to enjoy them, whereas the Directive Principles are the objectives before the state for the achievement of which the state is expected to take appropriate steps from time-to-time. Though it is certain that the state has to come into the picture for safeguarding the rights and implementation of the principles also will affect the lives of the individuals, yet the main and direct concern of the Fundamental Rights is with the individual and that of the Directive Principles with the state.

3. The Fundamental Rights can be suspended, but the Directive Principles cannot:
There is a provision in the Constitution of India that during emergency the President of India has the power to suspend some of the Fundamental Rights guaranteed to the Indian citizens. During emergency even the right to Constitutional Remedies is also suspended but there is no provision for the suspension of the Directive Principles in any circumstances. There may be normal environment in the country or the state of emergency, the Directive Principles continue.

4. Fundamental Rights concern with the individuals, while the Directive Principles with society:
Fundamental rights concern the individual whereas Directive Principles concern with the entire society in which the individual is nothing but a component part. The Fundamental Rights have been guaranteed the citizens for their all-round development. Therefore, they are directly concerned with the individuals, but the Directive Principles are concerned with the development of entire society as a whole. In Article 38 of the Constitution it has been clarified that the state shall try to create such a society where all will have social and economic justice.










300 Views

Explain the Right to Freedom. What restrictions have been imposed with this right?
Or
Mention the six freedoms guaranteed under Articles 19 to 22 of Indian Constitution.
Or
Explain in brief the Right to Freedom given to Indian citizens.


The Right to Freedom is explained in the Articles 19 to 22. According to Article 19 the following six freedoms have been given to the Indian citizens by the Constitution of India:

1. Freedom of speech and expression: Every citizen has the right to express his ideas freely. This can be done in two ways i.e. byspeaking and by writing. But the following limitations are on the freedom:

(i) Security of the state.

(ii) Friendly relation with the foreign countries.

(iii) Morality and decency, and

(iv) Contempt of court.

2. Right to assemble: The citizens have the right to assemble, to express their ideas and to understand the views of others. But they can assemble only peacefully and without arms.

3. Right to form associations: Thecitizens have the right to form associations for safeguarding their rights or for recreation, such a right is essential for the sake of securing justice and equal opportunities.

4. Freedom of movement: The citizens of India have the freedom to move throughout India. But like other freedoms, restrictions may be imposed on the freedom as well in the interest of public order.

5. Freedom to reside anywhere inIndia: Every citizen has a right to reside in anypart of India. But like other freedom, restrictions may be put on this freedom also under certain special circumstances.

6. Freedom of profession: Every citizen has the freedom to choose his profession. He has also the right to change his profession according to his will. But the government is empowered to impose any restriction on this right, for the sake of public order.

According to the Article 20 of the Indian Constitution, every citizen has full protection of law. For safeguarding his freedoms, the following rights have also been guaranteed to the citizens:

1. No citizen can be punished without a breach of law.

2. More than necessary punishment cannot be given after the breach of law.

3. No one can be punished more than once for the same crime.

4. No one can be forced to be witnessed against his will.

5. No one can be deprived of his life or personal liberty except through the procedure established by law.

6. According to Article 21 of the Indian Constitution, an arrested person will be supplied with the cause of his arrest as soon as possible and he will have the right to engage a counsel and to fight the case for his help.

7. According to the Article 22 of the Indian Constitution an arrested person would be produced before a magistrate within twenty-four hours of his/her arrest. The time taken in travelling to the court will be excluded. The police is not empowered to keep him/her in custody without being authorised by the magistrate.

259 Views

Explain the 'Right to Freedom of Religion'. What is its importance?

Or

What is the relation of Right to Freedom of Religion to secularism?


The framers of the Indian Constitution have established a secular state in India. The provision relating to the religious freedom clearly shows that ours is a secular state. The state has no religion of its own. The state is neither religious, nor anti-religious. The state observes complete neutrality in religious matters. Right to freedom of religion has been described in detail in the Indian Constitution in the Articles 25 to 28 as follows:-

(a) Freedom of conscience and propagation of religion: The Article 25 of the Indian Constitution provides that subject to public order, morality and health, all persons are equally entitled to the freedom of conscience. Article 25 also permits the state to regulate economic,financial or secular activities which may be associated with religious practice. Under this Article Sikhs in India have been allowed to wear turban and carry kirpans.

(b) Freedom to establish religious institutions and to manage the religious affairs: Article 26 of the Indian Constitution provides that subject to public order, morality and health, every religious domination shall have the right:

(i) to establish and maintain institutions for religious and charitable purposes;

(ii) to manage its own affairs in the matters of religion;

(iii) to own and acquire movable and immovable property; and

(iv) to administer such property in accordance with law.

(c) Freedom from payment of taxes on income for the promotion of any religion:

Article 27 of the Indian Constitution provides that no person shall be compelled to pay taxes the proceeds of which are specially appropriated in payment of expenses for the promotion or maintenance of any particular religious denomination.

(
d) Prohibition of religious instructions in the institutions maintained out of State funds: Article 28 of the Indian Constitution prohibits imparting of religious instructions in any educational institution wholly maintained out of State funds. But this prohibition shall not apply to any educational institution, which is established under any endowment or trust which be imparted in such institution, even if that educational institution happens to be administered by the state.

Importance of the Right to Freedom of Religion:

Out of the six fundamental rights which have been guaranteed to the citizens of India, the
'Right to Freedom of Religion' is the most important right. It is important because it gives the freedom to adopt and propagate any religion of one's choice. The Government of India or anyother person cannot interfere in the religious affairs of the individuals otherwise the citizens have the right to go to the court.



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Define rights.


Rights are conditions of social life given by society and recognised by the state. They are exercised to promote the welfare of each person and their content changes according to changing times and circumstances.
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