Fundamental Rights and Duties

“Fundamental Rights and Duties” introduces the essential entitlements and responsibilities of Indian citizens as outlined in the Constitution. Fundamental Rights, enshrined in Part III, are basic human rights crucial for individual life, liberty, and development. These rights are justiciable, allowing citizens to seek legal remedies if violated by the state. The chapter likely details the six categories of these rights: equality, freedom, against exploitation, freedom of religion, cultural and educational rights, and the right to constitutional remedies, ¹ providing simple explanations and examples for each.

Complementing these rights are Fundamental Duties, which were later added to the Constitution. These duties, though not legally enforceable, outline the responsibilities of citizens towards the nation and society. The chapter likely lists key duties such as respecting national symbols, cherishing national ideals, protecting sovereignty, promoting harmony, preserving cultural heritage, protecting the environment, developing a scientific temper, safeguarding public property, and ensuring education for children.

Ultimately, the chapter emphasizes the interconnectedness of Fundamental Rights and Duties. It highlights that enjoying one comes with the responsibility of upholding the other for the smooth functioning and well-being of society. Rights and duties are presented as two sides of the same coin, essential for responsible citizenship and the overall progress of the nation.

Time To Learn

I. Fill in the blanks:

1. The citizens of India can move freely and ___________________  in any part of the country.

Ans: assemble peacefully

2. The citizens of India have right to profess, _________________ and _______________  the religion of their choice.

Ans: propagate and practice

3. The Constitution does not allow _________________  of labour or begar.

Ans: exploitation

4. ___________ and duties are two sides of a coin.

Ans: Rights

5. We should _______________  the National Flag and the National Anthem.

Ans: respect

II. Match the contents of Column A Column B

Ans:

               Column A                                          Column B

III. Tick mark (✓) the correct statements and cross mark (X) the wrong ones:

1. Right to property is one of the Fundamental Rights.
   X                                             ‘
2. India is a secular state.
   ✓
3. We are not bound to preserve the rich heritage of our country.
   X
4. Our Constitution provides titles like ‘Rai Sahib’ or ‘Khan Bahadur’.
   ✓
5. Fundamental rights are not enforceable.
   ✓

IV. Answer the following questions:

Question 1.
What are Fundamental Rights? Why are Fundamental Rights essential for us?
Ans:

Fundamental Rights are basic human rights guaranteed by India’s Constitution, essential for individual liberty, dignity, and development. They are justiciable, allowing citizens to seek court intervention if violated by the government.

These rights are crucial because they:

• Ensure freedom and equality.
• Protect against state overreach.
• Enable personal growth.
• Strengthen democracy.
• Safeguard minority interests.
• Provide legal protection through constitutional remedies.

Question 2.

List down the Fundamental rights guaranteed to the citizens of India.

Ans:

India’s core entitlements are:

1. Equality: Legal parity, non-discrimination.
2. Liberty: Expression, assembly, association, movement, residence, occupation, personal freedom, education.
3. Against Exploitation: Prohibition of forced and child labor.
4. Religious Freedom: Practice and propagation of faith.
5. Cultural & Educational: Minority protection and education access.
6. Constitutional Redress: Supreme Court enforcement of these entitlements.

Question 3.

What do you understand by the right to freedom of religion?

Ans:

The Right to Freedom of Religion, as guaranteed by the Indian Constitution (Articles 25-28), means that every individual in India has the fundamental right to:

• Freedom of Conscience: The freedom to hold one’s own beliefs and have an inner voice regarding what they consider morally right or wrong in religious matters.
• Freedom to Profess: The right to openly declare and acknowledge one’s religious beliefs and faith without fear of interference.
• Freedom to Practice: The right to perform religious rituals, ceremonies, and observances according to one’s faith. This includes the right to wear religious symbols and follow religious customs.
• Freedom to Propagate: The right to spread and promote one’s religious beliefs to others, peacefully and without coercion.

This right is not absolute and is subject to reasonable restrictions in the interest of public order, morality, and health. The state can also make laws regulating secular activities associated with religious practice and for social welfare and reform.

Furthermore, the Constitution also grants religious denominations the right to manage their own religious affairs, establish and maintain religious and charitable institutions, and own and administer property for religious purposes.

Question 4.

What are Cultural and Educational Rights? Explain with the help of an example.

Ans:

Cultural and Educational Rights safeguard the cultural, linguistic, and educational interests of minority communities.

• Article 29 grants minorities the right to preserve their unique language, script, and culture and prohibits discrimination based on these factors in state-funded education.
• Article 30 empowers all minorities to establish and administer their own educational institutions, ensuring they receive non-discriminatory treatment in state aid.

Example: A religious minority can maintain its traditions (Article 29) and establish its own school to promote its values (Article 30), with fair access to government funding. These rights are crucial for protecting India’s diversity and ensuring educational equity for all groups.

Question 5.

How does the Right to Constitutional Remedies help to safeguard our Fundamental Rights?

Ans:

The Right to Constitutional Remedies (Article 32) is vital because it allows citizens to directly approach the Supreme Court (and High Courts) if their Fundamental Rights are violated. The courts can then issue writs (like Habeas Corpus, Mandamus, etc.) to enforce these rights. This right makes all other Fundamental Rights enforceable and ensures the judiciary acts as their protector and guarantor, providing a crucial mechanism for safeguarding our basic liberties against state infringement.

Question 6.

List any five Fundamental Duties. How are Fundamental Duties important for us?

Ans:

Five Fundamental Duties:

1. Respect the Constitution, National Flag, and National Anthem.
2. Follow ideals of the freedom struggle.
3. Protect India’s unity and integrity.
4. Defend the country when needed.
5. Promote harmony and respect for women.

Importance:

Fundamental Duties foster responsible citizenship by reminding us that rights come with obligations. They strengthen national unity and promote social harmony. They encourage environmental protection and national progress, serving as ethical guidelines for citizens and balancing rights with responsibilities for a better society.

Question 7.

Why do we say that every right has a corresponding duty? Explain with the help of an example.

Ans:

Every right has a corresponding duty because for one person to enjoy a right, others (individuals and the state) often have a responsibility to respect or ensure that right. Without these duties, rights can be easily violated and become meaningless. It’s a reciprocal relationship for a balanced society.

Example: My right to free speech comes with my duty not to defame others, and the duty of others (and the state) to allow me to speak (within reasonable limits). If I defame someone, I’ve failed my duty, violating their right to reputation. If the state unjustly silences me, it fails its duty to protect my right. Rights and duties are two sides of the same coin for a functioning society.

Question 8.

Do you think Fundamental Duties should be made enforceable? Give reasons for your answer.

Ans:

Making Fundamental Duties enforceable is a debated issue.

Arguments for: Could increase civic responsibility, strengthen national goals, balance rights and duties, promote social harmony, and improve governance.

Arguments against: Difficult to enforce practically, potential for state misuse, duties are often moral/ethical, might dilute focus on Fundamental Rights, and could disproportionately affect the marginalized.

Overall: While a responsible citizenry is ideal, widespread legal enforcement of all duties poses challenges. Strengthening civic education might be a more effective approach. Selective enforcement of specific, crucial duties could be considered cautiously.

V. Mention the Right which is exercised / violated in each of the following cases:

1. A group of citizens assembles peacefully.
   Ans. 

Right to Freedom.

2. A citizen goes to worship to a place of his choice.
   Ans. 

Right to Freedom of Religion.

3. A citizen moves a court of law to seek justice. .
   Ans. 

Right to Constitutional Remedies.

4. A citizen can join any institution run by the state.
   Ans. 

Right to Equality.

5. A citizen cannot be forced to work without payment.
   Ans. 

Right against exploitation.

Additional Questions
(The Fundamental Rights and Duties)

A. Fill in the blanks:

1. There are ___________ Fundamental Rights provided to the Indian citizens.

Ans: six 

2. Children below the age of _____________ cannot be employed for any ___________ work or in ______________  and ___________ .

Ans: fourteen , dangerous , factories and mines.

3. Fundamental Rights are universal, which means that they are granted to all the ___________ of India.

Ans: citizens 

4. Some Fundamental Rights can be suspended during an ___________ .

Ans: Emergency.

5. It is the Fundamental Duty of every citizen to respect the ______________, ____________ and the ___________ of India.

Ans: Constitution, its ideals , symbols 

B. Match the following:

Answer:

C. Choose the correct answer:

1. All democratic nations guarantee certain basic rights/ special privileges/powers.
   Ans. 

All democratic nations guarantee certain basic rights.

2. Under the Right to Equality, the practice of conferring titles such as Raja or Rai Bahadur has been approved/ abolished/legalized.
   Ans. 

Under the Right to Equality, the practice of conferring titles such as Raja or Rai Bahadur has been abolished.

3. There are five/six/seven fundamental freedoms guaranteed to all Indian citizens.
   Ans. 

There are six fundamental freedoms guaranteed to all Indian citizens.

4. The Right to Education/Right against Exploitation/ Right to Equality makes education a Fundamental Right of every Indian child between the ages of 6 and 14 years.
   Ans. 

The Right to Education (RTE) Act, 2009, enacted in India, operationalizes Article 21A of the Constitution, which elevated education to a Fundamental Right .

This Act legally guarantees free and compulsory elementary education to every child in India aged 6 to 14 years.

• Free Education means no child has to pay any fee or expense that prevents them from completing elementary schooling.
• Compulsory Education places a legal obligation on the government to ensure every child in this age group is admitted, attends school, and completes their education.

5. The Fundamental Rights can be enforced by the police/ army/courts.
   Ans. 

The Fundamental Rights can be enforced by the courts.

D. State whether the following are true or false:

1. Rights enable everyone to maintain a dignified existence in society.
   True.

2. We can use our freedoms to do anything we want, even if it harms other people.
   False.

3. The Fundamental Rights are absolute.
   False.

4. The Fundamental Rights cannot be suspended during an emergency.
   False.

5. The Indian Constitution does not provide safeguards against the violation of Fundamental Duties.
   True.

E. Answer the following questions in one or two words/ sentences:

1. Mention one reason why Fundamental Rights are essential in a democratic country.
Ans. 

A primary reason Fundamental Rights are indispensable in a democratic nation is that they protect the inherent freedoms of individuals and prevent the government from wielding unchecked power. By embedding these core entitlements within the Constitution and making them legally enforceable, they serve as a restraint on governmental authority, guaranteeing that the state acts within the bounds of law and respects the autonomy and liberties of its citizens. This safeguarding against arbitrary state actions forms a foundational element of a free and democratic society.

2. State one provisions of the Constitution which proves that all citizens are equal in the eyes of law.
Ans. 

The principle of legal parity, encapsulated in constitutional provisions across many jurisdictions, ensures that all citizens are guaranteed fairness and non-discrimination under the justice system. This concept operates through two complementary doctrines:

1. Equality Before the Law (A Negative Concept)

This doctrine, often borrowing from the British concept of the Rule of Law, establishes the supremacy of law. It means that every person, regardless of their rank, status, or position—be it a head of state, a government official, or a common citizen—is subject to the ordinary law of the land, administered by the ordinary courts.

• Core Meaning: It demands the absence of any special privilege in favor of any individual. All persons are equally liable for offenses or for breaches of contract and negligence.
• Implication: It is a negative concept that requires the state to refrain from granting any special advantages. It aims for a level playing field where no one is above the law.

2. Equal Protection of the Laws (A Positive Concept)

Derived from the American Constitution, this principle is more dynamic and positive. It recognizes that not all people are situated equally and, therefore, demands that the state must apply laws fairly based on the existing realities.

• Core Meaning: It signifies the right to equal treatment under equal circumstances. It allows for reasonable classification by the legislature but strictly prohibits class legislation (legislation aimed at a particular person or group without a rational basis).
• Implication: This is a positive concept that requires the state to take affirmative action to ensure equality. For a law to satisfy this test, the classification must be based on an intelligible differentia (a discernible difference) and have a rational nexus (a logical connection) to the objective the law seeks to achieve.

3. What right is guaranteed by the abolition of untouchability?
Ans. 

Rights to equality.

4. Mention any one Fundamental Right which shows that India is a secular country.
Ans.

Article 25 proves India is secular by granting everyone equal freedom to believe in, practice, and share their religion without state preference.

5. Which Fundamental Right helps to protect our cultural diversity?
Ans. 

Cultural and Educational Rights (Articles 29 & 30) are vital for preserving India’s rich cultural tapestry. Article 29 ensures minority groups can maintain their distinct cultural heritage and prohibits bias in state-supported education based on religion, race, caste, or language.  Article 30 empowers all minorities to establish and oversee their own educational institutions, with the state prohibited from discriminatory practices in providing financial assistance.  These rights enable minority communities to uphold and promote their unique identities through education, thereby safeguarding India’s diverse cultural fabric.

6. Mention one Fundamental Duty that Indian citizens have towards women.
Ans. 

Everyone should respect the dignity of women.

F. Answer the following questions briefly:
Question 1.
What are Rights? Why are certain basic rights guaranteed to all citizens in a democratic country?
Ans:

Rights are inherent, fundamental freedoms and entitlements possessed by every individual, ensuring their dignity and self-determination. Democratic nations constitutionally guarantee specific basic rights to all citizens to safeguard individual liberties and inherent worth, constrain governmental authority, foster equality and prohibit discrimination, and establish a basis for a fair and equitable society. These rights also enable citizen participation in democracy, protect the interests of minority groups, and uphold the principle of the rule of law, forming the crucial underpinnings of a free and just nation.

Question 2.

Discuss the provisions of the following rights to prove that India is a secular country: (a) Right to Freedom of Religion (b) Cultural and Educational Rights.

Ans:

(a) Right to Freedom of Religion (Articles 25-28): Guarantees equal freedom of conscience, practice, and propagation to all individuals (Article 25). Religious denominations have autonomy in managing their affairs (Article 26). The state cannot tax for the promotion of any specific religion (Article 27) and prohibits religious instruction in wholly state-funded schools, with consent required in aided institutions (Article 28). These articles ensure state neutrality and equal religious freedom for all.

(b) Cultural and Educational Rights (Articles 29-30): While focused on minorities, these rights also support secularism. Article 29 allows all groups to preserve their distinct culture and prohibits discrimination in state education based on religion. Article 30 grants all minorities (including religious) the right to establish and administer their own educational institutions without state discrimination in aid. This allows religious minorities to maintain their identity and educational freedom without state interference.

In short, both sets of rights demonstrate India’s secularism by ensuring religious freedom and state neutrality (Articles 25-28) and by protecting the rights of all groups, including religious minorities, to preserve their identity and manage their education without discrimination (Articles 29-30).

Question 3.

How do the Fundamental Rights protect Indian citizens from exploitation?

Ans:

The Right Against Exploitation is a fundamental safeguard in the Constitution of India, primarily articulated in Articles 23 and 24, ensuring human dignity and freedom from coercion.

Article 23: Ban on Human Trafficking and Forced Labour

This Article establishes a broad prohibition against two major forms of exploitation:

1. Traffic in Human Beings: It comprehensively outlaws the buying, selling, and immoral trade of people, covering practices like slavery, forced prostitution, and the illicit trafficking of women and children.
2. Forced Labour: It strictly forbids begar (unpaid compulsory work) and all other forms of involuntary servitude, including bonded labour (work extracted to repay debt).

This provision ensures that no citizen’s labor or person can be forcibly utilized without fair compensation or against their will, making such extraction a punishable offense. The only exception allows the state to impose compulsory service for public purposes (like military or social service), provided it is non-discriminatory.

Article 24: Ban on Child Labour in Hazardous Jobs

This Article is focused on protecting the most vulnerable: children. It categorically prohibits the employment of any child below the age of fourteen years in factories, mines, or any other form of hazardous employment.

Its objective is to ensure that children spend their formative years in education and development, shielding them from detrimental economic sacrifice.

Together, Articles 23 and 24 form the legal foundation for eradicating practices like bonded labour and child labour, underscoring the state’s commitment to protecting the physical and moral integrity of every individual.

Question 4.

Explain the significance and scope of the right to Constitutional Remedies.

Ans:

It empowers citizens to directly petition the Supreme Court (and High Courts) when their basic rights are infringed upon. Through the issuance of writs such as Habeas Corpus and Mandamus, the judiciary acts as the guardian and enforcer of these rights, ensuring governmental accountability and upholding the rule of law, thereby transforming Fundamental Rights from mere principles into tangible protections for every citizen.

Question 5.

Mention the Fundamental Duties laid down in the Constitution with reference to:

(a) India’s struggle for freedom

(b) The Indian Nation

(c) Public property

Ans:

Here are the Fundamental Duties related to your specific points, in short:

(a) India’s struggle for freedom:

• Cherish freedom struggle ideals.

(b) The Indian Nation:

• Respect Constitution, National Flag, and National Anthem.
• Protect India’s sovereignty, unity, and integrity.
• Defend the country and offer national service when called upon.
• Promote harmony and brotherhood; respect women’s dignity.

(c) Public property:

• Safeguard public property and avoid violence.

G Picture Study:

This picture is a symbolic representation of a Fundamental Right.

Question 1.
Name the Fundamental Right.
Ans:
Right To Equality, Right To Freedom, Right To Freedom Of Religion, Right Against Exploitation, Cultural And Educational Rights, Right To Constitutional Remedies.

Question 2.
How many Fundamental Rights are guaranteed to the people of India? Name them.
Ans:
There are six Fundamental Rights provided to the Indian people.

Right	Constitutional Articles	Core Principle
1. Right to Equality	Articles 14–18	Assures equal treatment before the law for all citizens and prohibits discrimination on the basis of religion, race, caste, sex, or place of birth. It also mandates the abolition of untouchability and titles.
2. Right to Freedom	Articles 19–22	Guarantees individual civil liberties, including the six freedoms (speech and expression, assembly, association, movement, residence, and profession), protection in respect of conviction for offences, the fundamental Right to Life and Personal Liberty (Article 21), and protection against arbitrary arrest and detention.
3. Right against Exploitation	Articles 23–24	Prohibits forced labor (like begar or trafficking in human beings) and the employment of children below the age of 14 in factories, mines, or other hazardous work.
4. Right to Freedom of Religion	Articles 25–28	Upholds the principle of secularism, granting every citizen the freedom of conscience and the right to freely profess, practice, and propagate their religion. It also ensures the freedom to manage religious affairs.
5. Cultural and Educational Rights	Articles 29–30	Provides protection to the minorities (religious or linguistic). It grants them the right to conserve their distinct language, script, or culture and the right to establish and administer educational institutions of their choice.
6. Right to Constitutional Remedies	Article 32	Known as the “Heart and Soul” of the Constitution, this right makes the other five rights effective. It guarantees the right to move the Supreme Court for the enforcement of the Fundamental Rights, allowing the Court to issue various Writs (Habeas Corpus, Mandamus, etc.) to protect them.

Question 3.
Identify the Fundamental Right enjoyed by an Indian citizen under the following circumstances or conditions:

1. We can reside and settle in any part of India.
Ans. 

Right To Freedom

2. Indians can follow any religion of their choice.
Ans. 

India, as a secular republic, ensures absolute religious freedom for all its inhabitants. This principle is constitutionally enshrined and dictates that the state maintains a position of neutrality toward all religions .

The fundamental guarantee involves three key aspects:

1. Freedom of Conscience and Profession: Every citizen has the right to believe in any religion (or none) and openly declare or profess that belief.
2. Right to Practice: Individuals are free to perform the rituals, ceremonies, and observances associated with their religion.
3. Right to Propagate: Citizens may disseminate the tenets of their religion, though this right does not include the right to forced conversion.

3. Indian children have a right to go to school.
Ans. 

The Right to Education (RTE) Act, 2009, is pivotal legislation in India that gives effect to Article 21A of the Constitution, which was introduced by the 86th Amendment in 2002.

Core Principle

The RTE Act legally guarantees free and compulsory elementary education to every child in India between the ages of 6 and 14 years . This provision elevates education from a state policy goal to a basic Fundamental Right enforceable in a court of law.

Key Mandates

1. Free Education: The state must cover all costs associated with elementary schooling, ensuring no child pays any fee or charge that prevents them from completing their education.
2. Compulsory Education: The government is obligated to ensure the admission, attendance, and completion of elementary education by all children in the stipulated age bracket.

Quality Standards: The Act lays down specific norms and standards for school infrastructure, Pupil-Teacher Ratios (PTRs), and teacher working conditions to ensure quality education.