75th Constitution Day Of India: Fundamental Rights And Duties – News18

Last Updated:November 26, 2024, 06:45 IST

The Indian Constitution guarantees six fundamental rights enshrined in Articles 12 to 35 and eleven fundamental duties, mentioned in Article 51(A).

Right to Privacy has been brought under the ambit of Fundamental Rights (Article 21) since 2017, which guarantees life and liberty. (Image: Shutterstock)

Every year, on the 26th of November, India celebrates Constitution Day, also known as Samvidhan Divas. This day holds immense significance as it marks the adoption of the Constitution of India by the Constituent Assembly in 1949.

It officially came into force two months later, on January 26, 1950, shaping the democratic foundation of the nation. The Government of India, through the Ministry of Social Justice and Empowerment, declared November 26 as Constitution Day in 2015 to emphasise the importance of constitutional values among citizens.

Among the many facets of the Indian Constitution, two pillars stand tall for every citizen: Fundamental Rights and Fundamental Duties. Let’s delve deeper into these essential elements.

FUNDAMENTAL RIGHTS

The Indian Constitution guarantees six fundamental rights, which are vital for the development of individual personality and the preservation of human dignity. These rights, enshrined in Articles 12 to 35, are a cornerstone of India’s democratic ethos.

1. Right to Equality (Articles 14–18)

Article 14: Ensures equality before the law and equal protection of the law.

Article 15: Prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth.

Article 16: Guarantees equal opportunities in public employment.

Article 17: Abolishes untouchability.

Article 18: Eliminates titles like “Rai Bahadur” or “Maharaja” to uphold equality among citizens.

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2. Right to Freedom (Articles 19–22)

This right ensures individual liberties, such as freedom of speech (Article 19), protection against conviction without due process (Article 20), the right to life and personal liberty (Article 21), the right to education (Article 21-A), and safeguards against arbitrary arrest and detention (Article 22).

3. Right Against Exploitation (Articles 23–24)

These provisions prohibit human trafficking and forced labour (Article 23) and prevent child labour in hazardous environments, such as factories (Article 24).

4. Right to Freedom of Religion (Articles 25–28)

These articles uphold secularism by guaranteeing freedom of conscience, religious practice (Article 25), and managing religious affairs (Article 26), while also restricting the use of public funds for religious promotion (Article 27) and ensuring no compulsion for religious instruction in educational institutions (Article 28).

5. Cultural and Educational Rights (Articles 29–30)

These rights protect the cultural identity of minorities (Article 29) and grant them the freedom to establish and manage their educational institutions (Article 30).

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6. Right to Constitutional Remedies (Articles 32–35)

This right empowers citizens to seek enforcement of their fundamental rights through the courts. Article 32 provides five types of writs:

Habeas Corpus: Ensures protection against unlawful detention.

Mandamus: Compels public officials to perform their duties.

Quo Warranto: Prevents unlawful occupation of a public office.

Prohibition: Restrains lower courts from exceeding their jurisdiction.

Certiorari: Allows higher courts to review decisions of lower courts.

Additionally, Articles 33 to 35 outline conditions where fundamental rights can be restricted, such as during martial law (Article 34).

FUNDAMENTAL DUTIES

While fundamental rights empower citizens, fundamental duties, introduced through the 42nd Amendment in 1976, remind them of their responsibilities toward the nation. Enshrined in Article 51(A), these duties aim to instil a spirit of patriotism and unity.

The eleven fundamental duties are listed below:

1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
2. To cherish and follow the noble ideals that inspired the national struggle for freedom.
3. To uphold and protect the sovereignty, unity, and integrity of India.
4. To defend the country and render national service when called upon to do so.
5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women.
6. To value and preserve the rich heritage of the country’s composite culture.
7. To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
8. To develop a scientific temper, humanism, and the spirit of inquiry and reform.
9. To safeguard public property and to abjure violence.
10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
11. To provide opportunities for education to his child or ward between the ages of six and fourteen years (added by the 86th Constitutional Amendment Act of 2002).

Fundamental rights and duties are the bedrock of the Indian Constitution. While rights empower citizens with freedoms, duties guide them toward national unity and harmony. Together, they form a balance that strengthens India’s democratic fabric, ensuring justice, equality and dignity for all.