Tuesday, March 1, 2011

Indian Citizen, Their Fundamental Rights and Duties

The Constitution of India clearly defines the responsibilities of Indian citizen, their Fundamental Rights and Duties. Part II of the Indian Constitution covers the clauses on Citizenship. Fundamental Rights are covered in Part III of the Constitution, while the Fundamental Duties are written in Article 51A. The Constitution, in a way, make the citizens aware of their core rights and responsibilities through the articles dealing with the fundamental Rights and Duties.


Article 5 to Article 11 of the Constitution include the following:
Article 5: This Article is about Indian Citizenship at the commencement of the Constitution
Article 6: Rights of citizenship of certain persons who have migrated to India from Pakistan are mentioned in this Article
Article 7: This Article deals with Rights of citizenship of certain migrants to Pakistan
Article 8: Rights of citizenship of certain persons of Indian origin residing outside India are dealt with in this Article
Article 9: This Article specifies that Persons voluntarily acquiring citizenship of a foreign state are not to be citizens of the country
Artilce 10: The Continuance of the rights of citizenship is mentioned in this Article
Article 11: This Article authorizes Parliament to regulate the right of citizenship by law

Fundamental Rights of the Indian Citizen

Article 12 to 35 of the Indian Constitution covers the Fundamental Rights of the citizen of the country. All these Fundamental Rights indicate that all the citizens are equally treated by the nation irrespective of caste, sex and creed. The basic Fundamental Rights enumerated in Part III of the Indian Constitution are categorized under 7 sections apart from the general segment. The sections are as follows:

General Rights:

Article 12: The Definition of Fundamental Rights is given in this Article
Article 13:The Article comprises Laws of inconsistent with or in derogation of the Fundamental Rights

Right to Equality:

Article 14: The provisions regarding Equality before Law are included in this Article
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth is specified in this Article
Article 16: This Article consists of Rights of Equality of opportunity in matters of public employment
Article 17: Abolition of untouchability is mentioned in this particular Article
Article 18: This Article provides details about Abolition of titles

Right to Freedom:

Article 19: Protection of certain rights regarding freedom of speech, etc. are clearly specified in the Article
Article 20: This Article states the Protection in respect of conviction for offenses
Article 21: Protection of life and personal liberty is mentioned in the Article
Article 22: This Article deals with Protection against arrest and detention in certain cases

Right against exploitation:

Article 23: The details of Prohibition of traffic in human beings and forced labor are presented in this Article
Article 24: The Article contains Prohibition of employment of children in factories, etc.

Right to Freedom of Religion:

Article 25: Particulars of Freedom of conscience and free profession, practice and propagation of religion are clearly enumerated in this Article
Article 26: The Article specifies the Freedom to manage religious affairs
Article 27: Freedom as to payment of taxes for promotion of any particular religion is stated in the Article
Article 28: This Article includes Freedom as to attendance at religious instruction or religious worship in certain education institutions

Cultural and Educational rights:

Article 29: Protection of interests of minorities is specified in detailed form in this Article
Article 30: Right of minorities to establish and administer educational institutions is scripted in this very
Article
Article 31: The Article dealing with Compulsory acquisition of property has been repealed through the Constitution Act, 1978 under 44th Amendment

Saving of Certain Laws:

Article 31A: This Article contains Savings of laws providing for acquisition of estates, etc.
Article 31B: Validation of certain Acts and Regulations are mentioned in the Article
Article 31C: This Article deals with Saving of laws giving effect to certain directive principles
Article 31D: The Article dealing with Saving of laws in respect of anti-national activities has been repealed by Constitution Act, 1977 and was recorded in the 43rd Amendment

Right to Constitutional Remedies:

Article 32: Remedies for enforcement of rights conferred by this part have been included in the Article
Article 32A: Repealed
Article 33: This particular Article addresses the Power of Parliament to modify the rights conferred by this Part in their application to forces, etc.
Article 34: Restriction on rights conferred by this Part while martial law is in force in any area is mentioned in the Article
Article 35: This Article indicates the Legislation to give effect to the provisions of this Part Fundamental Duties
The Fundamental Duties scripted in the Constitution of India are different from the Fundamental rights. This is because Fundamental Rights are considered as the basic rights to be enjoyed by the citizens of the nation while the Duties are conferred upon people to be followed by them accordingly. The Fundamental Duties of the citizens of India mentioned in Article 51A of the Indian Constitution are as follows:

To respect and incorporate the ideals which were the very base of our national struggle for freedom
To follow the Constitution and respect its institutions, the National Flag and the National Anthem
To spread the message of peace and brotherhood amongst all the Indian citizens irrespective of linguistic, religious and regional or sectional diversities
To discontinue practices pertaining to the impairment of the dignity of women
To protect and promote the sovereignty, unity and integrity of India
To protect public property and to avoid violence
To respect and preserve the rich heritage of Indian culture
To contribute towards making improvements in all spheres of individual and collective functions to take the nation to new heights of achievement
To develop the spirit of inquiry and reform, a scientific temper and sense of humanism
To provide defense and national service when called upon to the country during hours of crisis
To preserve the natural environment of India like the forests, lakes, rivers and wild life and to have a compassionate outlook towards the living creatures

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