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Rights & Duties - Indian Constitution

Rights & Duties - Indian Constitution

Rights & Duties -- Indian context

The constitution of India includes fundamental rights, enforceable by the Supreme Court and High Court.


Constitution provides :

freedom of Religion


freedom of Speech


freedom of movement with in States and Abroad.


An independent Judiciary

Major reforms have been brought into force to safe guard the rights of the citizens of India by enacting

Untouchability offenses act - 1955


Scheduled Castes and Scheduled Tribes (prevention of atrocities act) - 1989.


The Muslim Women (protection of rights on Divorce Act) - 1986.


The Muslim Women (Protection of Rights on Marriage) Act - 2019


In Shah Banu case of 1986, the Supreme Court of India recognized the Muslim Women's Right to maintenance upon divorce.


In 2017 Supreme court has declared Triple Talaq as unconstitutional.

Fundmental Rights

Right to Equality : Articles. 14-18


Right to Freedom : Articles 19-22


Right Against Exploitation : Articles. 23-24


Right to Freedom of Religion : Articles. 25- 28


Cultural and Educational Rights : Articles. 29-30


Right to Constitutional Remedies : Articles. 32-35


Right to Education (Article 21A)

Right to Privacy

Right to Privacy

The right to privacy is an intrinsic part of Article 21 (the Right to Freedom) that protects the life and liberty of the citizens.


The right to privacy is the newest right assured by the Supreme Court of India. It assures the people's data and personal security.

Right to freedom of Religion

Right to freedom of Religion

Article 25 guarantees all persons the freedom of conscience and the right to preach, practice and propagate any religion of their choice. This right is, however, subject to public order, morality and health, and the power of the State to take measures for social welfare and reform.


The right to propagate, however, does not include the right to convert another individual, since it would amount to an infringement of then other's right to freedom of conscience. (Article 32 )

Right to constitutional remidies

Right to constitutional remidies


The courts can issue various kinds of writs protecting the rights of the citizens.


These writs are:


Habeas Corpus


Mandamus


Writ of Prohibition


Quo Warranto


Certiorari

Habeas Corpus

Habeas Corpus


This is to present a before court, if detained and not produced before magistrate with in 24 hours. This is to release a person unlawfully detained.


High court can issue this writ against private parties, where as supreme court can issue this writ only against the state i.e. Government.

Mandamus

Mandamus :


This is issued by both High Court and Supreme Court against the state to act as per law and abstain from perpetrating an unlawful act.


This may be issued when a Government act violates fundmental rights, to enforce the right.

Certiorari

Certiorari :


This is issued against constitutional bodies, Statutory bodies like corporations, companies, societies, private institions and persons where any action needs to be certified by the court according to the law.

Prohibition

Prohibition :


Commonly known as stay order, issued to lower courts or quasi judicial bodiesfrom continuing proceedings in a particular case.

Quo Warranto

Quo Warranto :


Issued against constitutional offices, to restrain a person from holding a public office.

Duties

Duties


The necessity of fundmental duties were felt during emergency period of 1975-77. A report was submitted by Swaran Singh committee in 1976.


The constitution vide 42nd. amendment act of 1976, inserted these duties under article 51A of part VI of India constitution.


There are 10 fundmental duties inserted in 42nd. Amendment Act.


1. Abide by the Indian Constitution and respect its ideals and institutions, the National Flag and the National Anthem.


2. Cherish and follow the noble ideals that inspired the national struggle for freedom.


3. Uphold and protect the sovereignty, unity and integrity of India.


4. Defend the country and render national service when called upon to do so


5. 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. Value and preserve the rich heritage of the country’s composite culture


7. Protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.


8. Develop scientific temper, humanism and the spirit of inquiry and reform


9. Safeguard public property and to abjure violence


10. Strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement


Education, in the age group of 6 - 14 is made compulsory vide 86th. Amendment Act of 2002 and is inserted as 11th. under fundamental duty, which is now basis for Right to Education Act.


These duties are not enforceable by any court of law, but are bound morally.


While, these are confined to indian Citizens having no legal sanction, just like Directive principles of state policy. Foreign Nationals are excluded from these duties.