Study Notes on Fundamental Right and Fundamental Duties for Paper-1

By Sakshi Ojha|Updated : June 1st, 2023

Part III of the constitution constitute Fundamental Rights from Articles 12 to 35. It is described as the Magna Carta of India. They give individuals equality and dignity and protect the public interest and dignity of India. The Fundamental Rights are called so because they are guaranteed and protected by the Constitution, which is the fundamental law of the land.

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1. Right to equality (14-18)

Equality before law (Article 14).

  • It states that State shall not deny to any person equality before the law or equal protection of law within the territory of person.
  • But there are exceptions to this like president and governors enjoy the immunities.
  • Other exceptions are MPs, MLAs, ambassadors and diplomats.

Prohibition of discrimination (Article 15).

  • This article state that State shall not discriminate against any citizen on the ground of religion, race, caste, sex or place of birth.
  • But there are exceptions to this like State can make laws in favour of children, women, socially and educationally backward classes or scheduled cases or scheduled tribes.

Equality of opportunity (Article 16).

  • Article 16 states that all citizens will be provided equality of opportunity to any office under the state.
  • But parliament can prescribe residence as a condition for certain employment.

Abolition of untouchability (Article 17).

  • Article 17 has abolished untouchability and has made it a crime.
  • Constitution has not defined the term untouchability.
  • Protection of Civil Rights Act, 1955 was enacted to make punishment more severe.

Abolition of titles except military and academic (Article 18).

  • This article has abolished the conferring of any title to people.
  • Also, citizen won’t be able to accept any title from any foreign state.
  • Hereditary titles like Maharaja, Raj Bahadur, Rai Bahadur are banned under this article

2. Right to freedom (Articles 19–22)

Freedom of speech and expression (Article 19)

This article guarantees to all citizens these 6 rights

  1. Right to freedom of speech and expression.
  2. Right to assemble peaceably and without arms.
  3. Right to form associations or unions or co-operative societies.
  4. Right to move freely throughout the territory of the country.
  5. Right to reside and settle in any part of the territory of India.
  6. Right to practice any profession or to carry on any occupation, trade or business.

Protection in respect of conviction of offence (Article 20)

  • This article grants protection against arbitrary and excessive punishment to an accused person.

Protection of Life and Personal Liberty (Article 21)

  • This article states that no person will be deprived of his life or personal liberty except according to the procedure established by law.

Protection against arrest and detention

  • Article 22 ensures that each arrested person undergoes trial and is being represented adequately in a legal manner.

3, Right against exploitation (Articles 23–24)

Prohibition of Traffic in Human Beings and Forced Labour

  • This article prohibits traffic in human beings or any form of bonded or forced labour

Prohibition of employment of children in factories, etc. (Article 24).

  • This article prohibits the employment of children below the age of 14 years in any factory, mine or other hazardous activites.

4. Right to freedom of religion (Article 25–28)

Freedom of conscience and free profession, practice and propagation of religion (Article 25).

  • This article states that all citizens are equally entitled to the freedom to practice, profess and propagate religion.
  • But this is subjected to public order, morality, health and other provisions relating to a fundamental right.

Freedom to manage religious affairs (Article 26).

  • Every religious denomination has the right to establish and maintain institutions for religion and charitable purpose. Also to manage its own affairs in matter of religion.

Freedom from payment of taxes for promotion of any religion (Article 27).

  • This states that no person shall be compelled to pay any taxes for the promotion or maintenance of a particular religion.

Freedom from attending religious instruction or worship in certain educational institutions (Article 28).

  • No religious instruction shall be provided in any educational institution wholly maintained out of state funds.

5. Cultural and educational rights (Articles 29–30)

Protection of interests of Minorities (Article- 29)

  • This article provides that any section having a distinct language, script or culture of its own have the right to conserve them.

Right of minorities to establish and administer educational institutions (Article 30).

  • This article states that minorities whether religious or linguistic have the right to establish and administer educational institutions of theor choice.

6. Right to constitutional remedies (Article 32)

  • The gives the individuals the right to move the Supreme Court for the enforcement of fundamental rights.
  • The writs issued by the supreme court are (i) habeas corpus, (ii) mandamus, (iii) prohibition, (iv) certiorari, and (v) quo warrento.

Fundamental Duties

  • The idea of Fundamental Duties is inspired by the Constitution of Russia.
  • These were incorporated in Part IV-A of the Constitution by the 42nd Constitutional Amendment Act, 1976 on the recommendations of Swaran Singh Committee.

List of Fundamental Duties

  • To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
  • To cherish and follow the noble ideals that inspired the national struggle for freedom;
  • To uphold and protect the sovereignty, unity and integrity of India;
  • To defend the country and render national service when called upon to do so;
  • 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;
  • To value and preserve the rich heritage of the country’s composite culture;
  • To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures;
  • To develop the scientific temper, humanism and the spirit of inquiry and reform;
  • To safeguard public property and to abjure violence;
  • 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; and
  • To provide opportunities for education to his child or ward between the age of six and fourteen years (added by the 86th Constitutional Amendment Act, 2002).



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