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RESOURCES FOR RESEARCHING COUNTRY CONDITIONS



 

Fundamental Rights and Duties

The Constitution prescribes certain fundamental rights such as equality before law (which includes protection from arbitrary action of the State), freedom from discrimination on grounds of religion, race, caste, sex or place of birth, equality of opportunity in matters of public employment, freedom of speech and expression, right to assemble peacefully without arms, to form associations or unions, to move freely through India, to reside and settle in any part of India, protection against deprivation of life and personal liberty, freedom of conscience and the profession, practice and propagation of religion. Neither the Union nor the State legislative, executive or judiciary can act in violation of these fundamental rights.

 

Part IV of the Constitution contains what are known as “Directive Principles of State Policy”. While the Fundamental Rights guarantees certain rights to the individuals, Directive Principles give direction to the State to provide some other rights to the people in specified matters. Directive Principles, though not enforceable before the courts, are not to be regarded inferior to fundamental rights. The Constitution under Article 37 lays down that the provisions contained in Part IV of the Constitution shall not be enforceable by any Court, but the principles laid down therein are nevertheless fundamental in governance of the country and that it shall be the duty of the State to apply these principles in making laws. It may be stated that Fundamental Rights and Directive Principles, together constitute the conscience of the Constitution.

Fundamental duties were added to the Constitution in 1977. Among these are duties to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem, to value and preserve the rich heritage of our composite culture, to protect and improve the national environment including forests lakes, rivers and wild life and to have compassion for living creations and to strive towards excellence in all spheres of individual and collective activity.

 

In A.D.M., Jabalpur vs. S. Shukla reported in All India Reporter 1976 Supreme Court 1207 at page 1293, Justice Beg observed that the object of making certain general aspects of rights fundamental is to guarantee them against illegal invasion of these rights by executive, legislative or judicial organ of the state. Similarly, Chief Justice Subba Rao in L.C. Golaknath vs. State of Punjab reported in All India Reporter 1967 Supreme Court 1643 observed that fundamental rights are the modern name for what have been traditionally known as ‘natural rights’.

 

 

Source:-Guide to Indian Laws- By V. Ramakrishnan

 



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