Do you know too? Your Fundamental Duty! Now would it be necessary to know? Read the full post now to know!

Do you know too? Your Fundamental Duty! Now would it be necessary to know? Read the full post now to know!(According to Article 51 (a) of the Constitution of India, everyIt shall be the duty of the citizen to-)

 According to Article 51 (a) of the Constitution, it shall be the duty of every citizen of India to-

Do you know too? Your Fundamental Duty! Now would it be necessary to know? Read the full post now to know!
indian constution

 (a) Follow the constitution and respect its ideals, instituions, national flag and national anthem..
(b) To cherish and follow the high ideals that inspired our national movement for freedom.
(c) protect and maintain the sovereignty, unity and integrity of India.
(d) Defend the country and serve the nation when called upon.
(e) To create a spirit of harmony and equal fraternity among all the people of India which is beyond all discrimination based on religion, language and region or class, renouncing such practices which are against the honor of women.
(f) Understand the importance of the glorious tradition of our composite culture and preserve it.
(g) to protect and enhance the natural environment, including forests, lakes, rivers and wildlife, and have compassion for living beings.
(h) Develop scientific outlook, humanism and the spirit of knowledge acquisition and reform.
(i) Protect public property and abstain from violence.
(j) Make continuous efforts to move towards excellence in all spheres of individual and collective activities, so that the nation touches new heights of continuous effort and achievement.
(k) if there is a parent or guardian, to provide an opportunity of education to his child or ward, as the case may be, of the age of six to fourteen years.

Fundamental Rights of Indian 

Citizens in Hindi

  •  The Fundamental Rights, embodied in Part 3 of the Constitution, ensure civil rights for all Indians and prevent the government from encroaching on individual liberties and also put the onus on the state to protect the rights of citizens from encroachment by society. Originally seven Fundamental Rights were provided by the Constitution – Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Culture and Education, Right to Property and Right to Constitutional Remedies. However, the right to property was removed from Part III of the Constitution by the 44th Amendment in 1978.

    The idea of ​​Fundamental Rights originated from the Magna Carta of England in 1215 AD.

    In France, the practice of getting constitutional recognition of the declaration of certain rights necessary for the life of a person by including human rights in the constitution of 1789 started.

    Bill of Rights (Letter of Rights) was included by amending the US Constitution in 1791 AD.

    The first demand for the implementation of Fundamental Rights in India arose in 1895.

    Annie Besant presented the demand for fundamental rights during the Home Rule Movement

     These rights were also demanded in The Commonwealth of India Bill in 1925 AD.

    In the Madras session of the Indian National Congress in 1927, a resolution related to this was passed.

    Fundamental rights were also demanded in the Nehru Report presented by Motilal Nehru in 1928.

    The Karachi session of the Congress (1931) and the Second Round Table Conference Mahatma Gandhi demanded these rights.

    On the advice of the Cabinet Mission 1946, a Consultative Committee on Value Rights and Rights of Minorities was formed, headed by Sardar Vallabhbhai Patel.

    The Consultative Committee constituted 5 more committees on 27 February 1947, one of which was related to Fundamental Rights.

    Members of Fundamental Rights Sub-Committee JB Kriplani, Meenu Masani, K. T. Shah, A. Of. Iyer, K. M. Munshi, K. M. Panikkar, and Rajkumari Amrit Kaur were

    Fundamental rights were included in the Constitution on the recommendations of the Consultative Committee and the Sub-Committee.

  •  Classification of Fundamental Rights 

  • Seven types of fundamental rights were provided in the original constitution of India, Right to equality, Right to freedom, Right against exploitation, Right to freedom of religion, Right to culture and education, Right to property, Right to constitutional remedies
  • Of these, the right to property was removed from the list of Fundamental Rights by the 44th Constitutional Amendment in 1978 AD.
  • At present the right to property is enshrined as a legal right under Article 300(A).
  • Article 12 - Fundamental rights apply equally to the entire territory
  • Article 13 - If the fundamental right is violated by custom, tradition, superstition, then such elements can be declared illegal by the court

 Right to Equality 

  •  Article 14 - All persons are equal before the law Equality before the law is excerpted from the Constitution of Britain
  • Article 15 - Any discrimination in public places on the basis of caste, sex, religion and race is prohibited by this article but there is a provision of special protection for children and women.
  • Article 16 - Equality of opportunity in public employment is available to every citizen, but if the government considers it necessary, it can make provision for reservation for those classes which are less represented in the service of the state.
  • Article 17- Untouchability has been abolished by this article, there is a provision of ₹ 500 fine or 6 months imprisonment for the practice of untouchability, this provision was added by the Indian Parliament Act 1955.
  • Article 18 - By this the titles given by the British government were abolished, only the tradition of awarding degrees in education and defense continued.

. Right to freedom


 Article 19 mentions 7 freedoms in the original constitution


freedom of thought and expression

Freedom to hold peaceful conferences without economics

Freedom to form associations or associations

Freedom to settle in any part of India (except Jammu and Kashmir)

Freedom to acquire and spend property (revoked by 44th amendment)

Freedom to earn a living (The Supreme Court ruled in 1977 in the State of Orissa vs Lakhan Lal that the business of narcotics, smuggling and narcotics etc. does not come under earning of livelihood)

There is no specific provision in our constitution to give freedom of press because freedom of press is included in Article 19(1)(a)

Freedom of expression includes printing

Certain limitations have been laid down by Article 19(2) of the freedom of the press.

The state can make laws on the freedom of the press, on security, sovereignty, integrity, friendly relations with foreign states, public order, etiquette, incitement to contempt of court, offense etc.

Article 20 - Any person may be punished for the contravention of the laws in force but shall be punished only once for an offense and not repeatedly

Article 21 - Life and personal liberty have been provided to every person under this article, the Supreme Court has defined it in the following way

The Supreme Court in its judgment in Subhash Kumar Vs. State of Bihar 1991 said that the consumption of unpolluted water and air is also a fundamental right of the citizens.

Supreme Court in another case Parmanand vs Union of India 1989 The Supreme Court ruled that whether a person is guilty or not, his life should be protected and the sick and the sick should get medical facilities.

Article 22 - The provisions made under this article are called Preventive Detention Act

The person arrested by the police is told the reason for his arrest immediately, if the reason is not given, the arrested person can know the reason after bail.

Such legislation provides that it is mandatory to produce the arrested person in the nearest magistrate's court within 24 hours.

 The Internal Security System Ordinance was passed on 7 May 1971 against subversive works.

In June 1971, the Internal Security System Act was enacted, giving the ordinance the form of a law.

In 1970 AD, the Foreign Exchange Protection and Smuggling Prevention Act was enacted to prevent fraud in smuggling foreign exchange.

The MISA Act was repealed as it was contrary to the 44th Constitutional Amendment.

The National Security Ordinance was issued on 24 September 1983 with the objective of controlling subversive activities.

In 1985 AD, giving legal status to the National Security Ordinance, it was called TADA, it was abolished on 23 May 1995.

In the year 2003, with the aim of controlling terrorism and subversive actions, the Parliament implemented POTA Act in a joint session.

 United Progressive Alliance government repeals POTA Act

 . Right Against Exploitation 


 Article 23 - Buying and selling of human beings, forced labour, forced physical abuse by any person is prohibited.

Article 24- It is forbidden to employ a child up to 14 years of age in any dangerous work.


. Right to Religious Freedom


Article 25 - Freedom of conscience has been given to every person by this article towards morality, religious order and health
Article 26- Under this, description of religious community and related privileges has been given, trust can be created and developed by donation, any religious institution can be established with the amount of donation, there will be no tax on donation.
Article 27 - The state on its part cannot encourage or discourage any religion
Article 28 - It is forbidden to give education to the state wholly or partly by religion, but organizations based on religious trusts can give such education as madrassas.
.Cultural and Educational Rights Article 29 (i) Such a class of people who do not find the language or script of India compatible with their culture, they can adopt another language, script and culture Article 29 (ii) - their language with the people of the group classified in article 29 (i) And there should be no discrimination against them on account of scriptArticle 30(i) People of such different language and culture may establish educational institutions for the development of their language and culture. 


.Right to Compulsory Education

A new Article 21(A) has been added by the 86th Amendment Act 2000 of the Constitution.
By whom the state has to provide compulsory education to the children of 6 to 14 years of age
This arrangement shall be made by the law prescribed by the respective province.


.Right to Constitutional Remedies

 Article 32- There are five types of petition issued by the High Court or the Supreme Court on the violation of the Fundamental Rights by any person or the state, which are as follows

Habeas Corpus - The person arrested is produced before the court, the reasons for the captive are proved by the captive officer, these documents are issued against private person organization and government officials

Mandate - Under this, the court orders for the performance of the duty of any person, institution or subordinate court, by this the court compels the concerned authority to perform the duty, only this article cannot be issued against the President or the Governor.

 Prohibition – When this article is issued by the High Court to the subordinate courts when the subordinate courts try to encroach outside their jurisdiction.

Emigration – This article is issued by the High Court when the case is to be transferred from the subordinate court to the High Court under serious cases. Applicable to judiciary and municipal corporations.

Inquiry of Rights - When a person exercises this right illegally, then he is restrained by this article is issued when the court is completely sure that to what extent the abuse of the right has taken place.
In the Constituent Assembly, Article 32 was termed by Dr. Bhimrao Ambedkar as the soul of the Constitution.
Before 1967, it was prescribed that under Article 368 the Parliament amends any part of the Constitution including the Fundamental Rights.
In 1967, the Supreme Court in Golaknath v State of Punjab held that the Parliament cannot amend the Fundamental Rights.
In order to amend the Fundamental Rights by the procedure given in Article 368, by the 24th Constitutional Amendment Act, 1971, by amending Article 13 and Article 368, it was determined that Parliament can amend the Fundamental Rights.
In Kesavananda Bharati vs State of Kerala, the decision of Golaknath vs State of Punjab was set aside and the 24th Constitutional Amendment was given legal form.
By the 42nd Constitutional Amendment- 1978, by adding clauses (A) and (5) in article 368, it was arranged that the amendment made in this way cannot be questioned in any court.
In 1980 AD, in Minerva Mills v Union of India case, it was determined that it is within the jurisdiction of the court to protect the basic features of the constitution and that the court can review any amendment on this ground, along with the 42nd constitutional amendment made by system was also abolished.
 
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