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SSC CGL Preparation – Day 10
Polity โ Fundamental Rights & Duties
๐งฉ Fundamental Rights โ Introduction
The Fundamental Rights are enshrined in Part III (Articles 12 to 35) of the Indian Constitution. These rights are guaranteed to all citizens and are justiciable, meaning they are enforceable by courts.
The Fundamental Rights aim to ensure:
- Individual liberty
- Equality before law
- Protection from arbitrary state actions
โ List of Fundamental Rights (Total โ 6 Rights)
Right | Articles Covered | Key Features |
---|---|---|
1. Right to Equality | Articles 14 โ 18 | Equality before law, abolition of untouchability, equal opportunity |
2. Right to Freedom | Articles 19 โ 22 | Freedom of speech, assembly, association, movement, residence, profession |
3. Right against Exploitation | Articles 23 โ 24 | Prohibition of human trafficking and child labor |
4. Right to Freedom of Religion | Articles 25 โ 28 | Freedom to practice, profess and propagate any religion |
5. Cultural and Educational Rights | Articles 29 โ 30 | Right of minorities to conserve culture and establish educational institutions |
6. Right to Constitutional Remedies | Article 32 | Right to move the Supreme Court for enforcement of Fundamental Rights (Heart and Soul of the Constitution) |
๐ Details of Each Right
1. Right to Equality (Art. 14โ18)
- Article 14: Equality before law and equal protection of laws.
- Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
- Article 16: Equality in public employment.
- Article 17: Abolition of untouchability.
- Article 18: Abolition of titles (except military and academic distinctions).
2. Right to Freedom (Art. 19โ22)
- Article 19: 6 freedoms (Speech, Assembly, Association, Movement, Residence, Profession).
- Article 20: Protection in respect of conviction (no ex post facto laws, no double jeopardy).
- Article 21: Protection of life and personal liberty (widely interpreted).
- Article 21A: Right to education (6 to 14 years age group).
- Article 22: Protection against arbitrary arrest and detention.
3. Right against Exploitation (Art. 23โ24)
- Article 23: Prohibition of human trafficking and forced labor.
- Article 24: Prohibition of child labor under age 14 in hazardous employment.
4. Right to Freedom of Religion (Art. 25โ28)
- Article 25: Freedom of conscience and religion.
- Article 26: Manage religious affairs.
- Article 27: No tax for promoting religion.
- Article 28: No religious instruction in government-run educational institutions.
5. Cultural and Educational Rights (Art. 29โ30)
- Article 29: Protection of cultural identity.
- Article 30: Rights of minorities to establish and administer educational institutions.
6. Right to Constitutional Remedies (Art. 32)
- Allows citizens to approach Supreme Court directly to enforce rights.
- Dr. B.R. Ambedkar called it the “Heart and Soul” of the Constitution.
- Includes writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo-Warranto.
๐งญ Fundamental Duties โ Introduction
- Enshrined in Part IV-A, Article 51A.
- Added by the 42nd Amendment Act, 1976.
- Initially 10 duties; one more (total 11) added by 86th Amendment, 2002.
๐ List of 11 Fundamental Duties (Article 51A)
Every citizen shall:
- Abide by the Constitution and respect national symbols.
- Cherish the noble ideals of freedom struggle.
- Uphold sovereignty, unity, and integrity of India.
- Defend the country and render national service.
- Promote harmony and spirit of brotherhood.
- Value and preserve the rich heritage of our composite culture.
- Protect and improve natural environment.
- Develop scientific temper and spirit of inquiry.
- Safeguard public property and abjure violence.
- Strive towards excellence in all spheres.
- (Added by 86th Amendment): Provide opportunities for education to children aged 6โ14 years.
๐ Differences: Fundamental Rights vs. Fundamental Duties
Fundamental Rights | Fundamental Duties |
---|---|
Enforceable by law (justiciable) | Not enforceable (non-justiciable) |
Available to individuals | Obligations for citizens |
Protect individual liberty | Promote social responsibility |
Mentioned in Part III | Mentioned in Part IV-A |
๐ Important Amendments Related to Rights & Duties
- 42nd Amendment (1976): Introduced Fundamental Duties.
- 44th Amendment (1978): Removed Right to Property as a Fundamental Right.
- 86th Amendment (2002): Added Article 21A and 11th Fundamental Duty.