VIII-FUNDAMENTAL RIGHTS, FUNDAMENTAL DUTIES AND DIRECTIVE PRINCIPLES OF STATE POLICY

Fundamental Rights

The fundamental rights were included in the constitution because they we are considered essential for the development of the personality of every individual and to preserve human dignity.

There are six fundamental rights-

1.Right to Equality-14 to 18

2. Right to freedom-19 to 22

3.Right against exploitation-23 to 24

4.Right to freedom Of religion-25 to 28

5. Cultural and educational rights-29 to 30

6. Right to constitutional remedies-32 to 35

Right to Equality

1.Equality before law.

2.Prohibition of discrimination on grounds of religion,race,caste,sex or place of

birth.

3. Equality of opportunity in matters of public employment.

4.Abolition of untouchability.

5. Abolition of titles.

Right to freedom

1.Freedom of speech and expression.

2. Freedom to assemble peacefully and without arms.

3. Freedom to form association and unions.

4. Freedom to move freely throughout the territory of India.

5. Freedom to recide and settle in any part of India.

6. Freedom to practice any profession or to carry on any occupation ,trade or business.

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Right to freedom also include the following provinces-

. Protection in respect of conviction of an offence.

. Protection of life and personal liberty.

. Protection against arbitary arrest and detention.

. Right to education.

Right against exploitation

1.Prohibition of traffic in human beings ,all forms of forced labour and begar

(work without payment).

2. Prohibition of employment of children below the age of 14 years in any

factory ,mine or hazardous occupations.

NOTE- Right to Information was given the status of a fundamental right in 2005. This right enables people to seek information from the government departments and institution on matters affecting the society. However , Information may be denied if it is likely to impair the security of the country.

Right to freedom of religion

1.Freedom of conscience and the right to Profess , practice and propagate any religion.

2. Freedom to every religious institution to manage its own affair in matters of religion.

3. State will not collect any taxes for promotion of any particular religion.

4. No religious instruction can be imparted in any educational institution, which is wholly or partially mention out of state found.

Cultural and educational Rights

1.It guarantees to preserve, maintain and Promote one’s culture and language.

2. The minorities will be given assistance by the state to establish our administer

educational institutions of their own to preserve and develop their culture.

Right to constitutional remedies

The constitution of India has not only listed fundamental rights ,but also have prescribed remedies against their violation.

If a citizen feels that one of her/his fundamental rights has been violated by an executive order, she/he may request the supreme court /High court to issue the appropriate writ for the Restoration of her/his rights- The writs are Habeas

Corpus, Mandamus, prohibition, quo warrants and certiorari.

FIVE WRITS

1.Habeas corpus which means an unlawfully and person may be produced

before the code to find out whether the detention was legal or not.

2. Mandamus is issued when a public servant has failed to perform a duty.

3. Prohibition means to prohibit or forbid .

4. Quo Warranto is issued to restrain a person from acting in a public office to

which She/he is not entitled.

5. Certiorari means to be more fully informed of. If a superior court want some additional information or records from a lower court to enable itself to deal with the case more effectively ,this writ may be issued.

Restrictions on fundamental Rights

. The fundamental right guaranteed by the constitution India are not absolute.

There are certain restrictions which can be imposed by the state according to

the procedure establish by the law.

1.To prevent spread of infectious diseases ,the free movement of the people can be restricted.

2. Freedom to practice any profession does not need to make up gambling,

smuggling ,hoarding or any other profession which is injurious or hazardous to the society.

3.No body can claim to be a doctor or a lawyer unless she/he has the essential

qualifications.

4.Frefrom of expression does not mean to speak or write any thing you feel

like. Any thought or expression that disturbs public peace or harmony or

instigated communal violence will not be allowed.

Fundamental Duties

.Rights without duties are meaningless. It has been rightly said,” if a person does not perform her /his duties ,other cannot enjoy their rights .’Thus, duties precede rights. Therefore, it was in 1976 that fundamental duties were added to Indian Constitution through 42 nd Amendment. originally ,there were ten fundamental duties, but now there are 11 .fundamental duties are obligation and every citizen is expected to Perform them.

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 nobel ideals which inspired our national struggle for freedom.

3. To uphold and protect the sovereignty ,unity and integrity of India.

4. To defend the country and render Nation service when called upon to do so.

5. To promote harmony and the spirit of common Brotherhood amongst all the people of India; to renounce practices derogatory to the dignity of women.

6. To value and preserve the rich heritage of our composite culture.

7. To protect and improve the natural environment including forest, lakes ,rivers and wildlife and to have compassion for all living creature.

8. To develop 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. Parents or guardians should provide opportunities for education to her/ his child or ward between the age of 6 and 14 years (added by 86th Amendment in 2002.)

The Directive principles of the state policy

. The Directive principles of state Policy are guidelines /instruction given by the constitution.

Dr. B.R. Ambedkar considered these guidelines as powerful instrument for the transformation of India from a political democracy into an economic and social democracy.

.Classification of the Directive principles

(a) Economic principles

(i) To secure equal pay for equal work for both men and women.

(ii) To provide adequate means of livelihood for all.

(b) Social principles

(i) To make efforts to raise the standard for living and public health.

(ii) To guard children against exploitation and moral degradation .

(C) Gandhian principles

(i) To organise village panchayats.

(ii) to promote cottage industries.

(d) Principles related to international peace and security

(i) To maintain just and horrible relations between Nations.

(ii) to promote international peace and security

Significance of Directive Principles

of State Policy

The Directive Principles of State Policy are non-justicable .

Main Directive Principles have been implemented and they have become either Legislations or fundamental rights ,such as:

1.Right to education become a fundamental right.

2. Environment protection Act and Wildlife Protection Act have been passed.

3. National Commission for the Welfare of women has been established.

4. Right to work has been implemented for the ruler and employed under MNREGA (Mahatma Gandhi Rural Employment Guarantee Act)

Secularism

According to the constitution, Indian secularism has two aspects. One is that

every citizen of India is free to believe in and practice any religion of her/ his

own choice. It also implies that every religious group has freedom to manage

its own affairs. The second aspect is is that the state will not discriminate

against any group or individual on the basis of religion. It means that our

constitution observe strict impartiality towards all religion and does not

propagate any religion.

Significance

Indian secularism is related to the constitutional values of Liberty ,equality

,justice and fraternity secularism is important for India for the following

reason-

. It enables people of different religion to live in harmony with other faiths.

. Itisthe part of democracy, which grants equal rights.

. It protects the rights given to the minorities.

. It safeguards democracy by limiting the power of the majority.

Indian secularism

1.Many a times , the government does not strictly follow the policy of non-interference with the religious matter and practices.

2.To respect the sentiments of all religions, government sometimes make certain expectation for a particular community.

For example, The wearing and carrying of Kirpan is included in the

Sikh religion. So ,they are allowed to keep a Kirpan with them as a religious.

similarly, The wearing of a Pagri by Sikh is again a religious symbol.

Although the state funding to the religious institution is notpermissible, yet the

state can give financial aid on preferential basis to some of the religious

communities for their welfare and upliftmenent.

Note-:

.In August 2017, a Nine-judge when headed by the Chief Justice of India

unanimously arrived at the landmark verdict, declaring Right to privacy as a

fundamental Right, which food have a bearing on several aspects of law ,lifestyle

and governance.

. Right to education was included in the constitution in 2002 for the first time as

a fundamental right. According to this, the state shall provide free and

compulsory education to all children in the age group of 6 to 14 years.

. In spite of so many provinces already existing in the constitution, the word

secular was introduced in the preamble in 1976 by the 42nd Amendment of

the constitution. The purpose behind adding this word in the Preamble was

mainly to reiterate secularism was a part of the basic ideology of India. The

inclusion simply emphasises that India does not have any state religion.

QUESTION WITH ANSWER

1.QUESTION

Explain the significance of the Fundamental Rights in our day to day life.

ANSWER

The fundamental rights are importance because -

1.They provide the citizens of a country with human dignity

2. They provide the citizens to development of personality of every individual.

3. They guarantee civil liberties in order to sustain peace and harmony among the citizens of a nation.

2.QUESTION

Explain the Rights of Freedom of Religion.

ANSWER

Right to freedom of religion

1.Freedom of conscience and the right to Profess , practice and propagate any religion.

2. Freedom to every religious institution to manage its own affair in matters of religion.

3. State will not collect any taxes for promotion of any particular religion.

4. No religious instruction can be imparted in any educational institution, which is wholly or partially mention out of state found.

3.QUESTION

" The Fundamental Rights are justiciable and protected by the Court " In the light of the above statement, explain the Rights to Constitutional Remedies.

ANSWER

The constitution of India guarantees the right to constitutional remedies, if any of the fundamental rights is violated.

In such cases, citizens of India have the right to go to the court, if they feel that their fundamental rights are violated.

4.QUESTION

Mention any three Directive Principles of State Policy that have been implemented.

ANSWER

Classification of the Directive principles

(a) Economic principles

(i) To secure equal pay for equal work for both men and women.

(ii) To provide adequate means of livelihood for all.

(b) Social principles

(i) To make efforts to raise the standard for living and public health.

(ii) To guard children against exploitation and moral degradation .

(C) Gandhian principles

(i) To organise village panchayats.

(ii) to promote cottage industries.

5.QUESTION

Why does the government sometimes make exception to help particular religious Community? Justify your ANSWER with examples from recent times.

ANSWER

The government sometimes makes an exception to help certain religious communities because that-

Religion may be in a minority and members of that religion may be particularly deprived and poor.

For example, the socio-economic conditions of Muslims in many parts of India is backward.

LONG QUESTION WITH ANSWER

QUESTION 1

Explain the five provisions given under the "Right to Equality".

ANSWER

Right to Equality

1.Equality before law.

2.Prohibition of discrimination on grounds of religion,race,caste,sex or place of

birth.

3. Equality of opportunity in matters of public employment.

4.Abolition of untouchability.

5. Abolition of titles.

QUESTION 2.

"Our Fundamental Rights are not absolute or unlimited. " Support the statement by giving any four suitable examples.

ANSWER

The fundamental right guaranteed by the constitution India are not absolute or unlimited.

There are certain restrictions which can be imposed by the state according to

the procedure establish by the law.

1.To prevent spread of infectious diseases ,the free movement of the people can be restricted.

2. Freedom to practice any profession does not need to make up gambling,

smuggling ,hoarding or any other profession which is injurious or hazardous to the society.

3.No body can claim to be a doctor or a lawyer unless she/he has the essential

qualifications.

4.Frefrom of expression does not mean to speak or write any thing you feel

like. Any thought or expression that disturbs public peace or harmony or

instigated communal violence will not be allowed.

QUESTION 3

Classify Directive Principles of State Policy into four main categories. Explain each of theme briefly.

ANSWER

Classification of the Directive principles

(a) Economic principles

(i) To secure equal pay for equal work for both men and women.

(ii) To provide adequate means of livelihood for all.

(b) Social principles

(i) To make efforts to raise the standard for living and public health.

(ii) To guard children against exploitation and moral degradation .

(C) Gandhian principles

(i) To organise village panchayats.

(ii) to promote cottage industries.

(d) Principles related to international peace and security

(i) To maintain just and horrible relations between Nations.

(ii) to promote international peace and security

QUESTION 4.

Highlight the main provisions of Right to Freedom.

ANSWER

Right to freedom

1.Freedom of speech and expression.

2. Freedom to assemble peacefully and without arms.

3. Freedom to form association and unions.

4. Freedom to move freely throughout the territory of India.

5. Freedom to reside and settle in any part of India.

6. Freedom to practice any profession or to carry on any occupation ,trade or business.

Right to freedom also include the following provinces-

1. Protection in respect of conviction of an offence.

2. Protection of life and personal liberty.

3. Protection against arbitrary arrest and detention.

4. Right to education.

QUESTION 5.

Inspire of freedom of religion, why does communal tension persist in certain parts of the county some times? Suggest ways and means to establish communal harmony.

ANSWER

"In spite of freedom of religion, communal tension persists in certain parts of the country sometimes because -

1.harming or harassing the principles of religion.

2.A place where both Temple, as well as Mosque, is located acts as the combining place of people who follow two different religious principles.

3.Interference of the religious matter.

4.Government not protect the rights given to the minority.

5. Some political parties are also responsible for the communal tension of our county.

Sources of Information

1.NCERT Class VIII

2.WE AND OUR WORLD-DAV PUBLICATION

3.INTERNET

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