Fundamental Rights, Duties and Directive Principles
The essential claims for development of human personality which the society or the state recognizes are called rights. The rights mentioned in the constitution and recognized by the state are called fundamental rights. Fundamental rights are those rights which are enforced by the court. In case of violation of these rights, the Supreme Court of India and the High Courts of the states have the right to declare any such legislative or executive act as unconstitutional and void. By its broadest definition, it is enforceable not only against the legislative and executive wings of the union and state governments, but also against local administrative authorities and other agencies and institutions of a public sector or governmental nature.
During the national freedom struggle, national politicians had indicated certain fundamental rights for citizens in independent India. The Commonwealth Bill of 1925, the Nehru Committee Report of 1928, the National Trade Union's memorandum before the Joint Committee on Indian Constitutional Reforms in 1932-33, the Memorandum of M. Venkatrangaiah before the Sapru Committee and the proposals submitted by the Sapru Committee itself included these various Fundamental rights are mentioned.
First of all, these are basic human rights. As human beings, we have a right to enjoy these rights. Second, these rights have been given to us by the Constitution and thus we are assured of their protection. The constitution recognizes that these rights are necessary for the proper conduct and democratic life of the citizens. Thirdly, for the enforcement of these Fundamental Rights, according to the effective procedure, their protection has been assured by the Constitution itself. If these rights are violated, the citizens have the right to approach the court. Thus, the constitution guarantees these rights to the citizens.
Fundamental rights have been provided in the third part of the Indian Constitution. Originally seven fundamental rights were given in our constitution, but at present six fundamental rights have been mentioned –
Right to Equality (Article 14 – 18)
Right to Freedom (Article 19 – 22)
Right against Exploitation (Article 23 – 24)
Right to Freedom of Religion (Article 25 – 28)
Right to Culture and Education (Article 29 – 30)
Right to Constitutional Remedies (Article 32)
Right to equality
The right to equality is very important for our society with social and economic inequalities. According to the constitution, all citizens will get equal protection and grants of law without discrimination on the basis of caste, sex, place of birth, varna or religion. It is also noteworthy that the state will not discriminate in government jobs. All citizens can apply for government jobs and get jobs on the basis of merit.
There are some exceptions to every fundamental right. In order to provide special protection, under the right to equality, the state can make special provisions for women, children, scheduled castes, scheduled tribes and backward castes because often these people are the victims of unequal treatment. Giving them special protection is not against the right to equality. Similarly, there is a special provision for reservation of seats in jobs for Scheduled Castes, Scheduled Tribes and Backward Classes. Recently, places have been reserved in jobs for the economically weaker sections, which is necessary to fulfill the right to equality of opportunity.
The right to equality guaranteed by the Constitution has abolished untouchability. Now untouchability is considered a crime. If any person conducts on the grounds of untouchability, he can be punished according to the law. Apart from military and educational titles, all other titles have also been abolished by the Constitution.
Right to freedom
Freedom means freedom to think, express and act, it does not mean that we start doing whatever we want. Without harming the liberty of others and without disturbing the law and order, each person can enjoy his own liberty. These freedoms are as follows-
1. Freedom of Speech and Expression
2. Freedom to assemble and assemble peacefully
3. Freedom to form association or association
4. Freedom to move voluntarily anywhere within the territory of India
5. Freedom to reside and settle in any part of the territory of India
6. Freedom to carry on any profession, occupation, trade or business.
The exercise of these rights by the constitution also has some limitations. The government can impose restrictions on these rights in the interest of the independence, sovereignty and integrity of the country. The government can impose restrictions on the right to freedom for the sake of the integrity of the country, morality and also in the interest of public peace and order. Article 21 of the Constitution provides protection of life and personal liberty to persons. No person shall be deprived of his life or personal liberty except according to procedure established by law. This fundamental right is for the protection of life and personal liberty of an individual.
With the passage of time and according to the circumstances, the scope of this article has increased due to the role of the Hon'ble Supreme Court. Generally, it is taken to mean right to life. Every person has the right to live life. Not only to live life, but to live a life with dignity, human dignity.
It has been clarified by the Hon'ble Supreme Court in the case of Kharak Singh Vs State of Uttar Pradesh that the right to life does not mean merely to live like an animal, but to live a life with dignity and human dignity. The right to life in Maneka Gandhi Vs Union of India by the Hon'ble Supreme Court has not only included physical existence but also human dignity.
From time to time, many matters related to human dignity have been included in this right by the decisions of the Hon'ble Supreme Court. Right to Medicine through Parmanand Katara Vs Union of India, Right to Education through Kumari Mohini Jain Vs State of Karnataka, Right to Environment Protection through La Society of India Vs Fertilizers and Chemicals Travancore, Vishaka Vs State of Rajasthan Right to protection of working women from sexual exploitation through medium has been included in the right to life.
Apart from this, right to privacy, right to speedy trial, right to free legal aid, right to cremation of unclaimed dead with courtesy and decency, right to rehabilitation of beggars, right to protection from smoking, right to protection of students from ragging, beauty In competitions, the right to maintain women's dignity, the right to electricity and water, the right to protection from handcuffs, fetters, and seclusion, the right to use pollution-free water and air, etc. have been added to it through various mandates. In summary, through various interpretations, the right to live a life with dignity and human dignity has been defined more and more by the Hon'ble Supreme Court and in future also more clarifications may come before us if we need more clarity. It has been added to the Constitution under Article 21 (a) to recognize compulsory and free education as a fundamental right for the children of 6 to 14 years of the country through the 86th Amendment Act (2002) by the Parliament.
The right to liberty also guarantees certain other rights. No one shall be punished more than the punishment prescribed by the prevailing law while committing an offence. No person shall be deprived of life and bodily liberty except according to procedure prescribed by law. No person will be arrested without assigning any reason. If a person is imprisoned, he will have the right to present his defense by a lawyer of his choice. Apart from this, the citizen is required to be produced before a magistrate within twenty-four hours after being imprisoned. These rights have been given to the Indian citizen to ensure that no government can unjustly suppress them or hijack their freedom. There is also an important exception to this general provision. Under the "Preventive Detention Act", the government can imprison a person for some time without presenting it before the court. Under "preventive detention" the government can detain or arrest a dangerous person on suspicion for a maximum period of three months to prevent a possible threat to law and order or to the unity and integrity of the country. After three months, the case of preventive detention will have to be placed before the Advisory Board for review.
Right against exploitation
Our constitution has banned human trade i.e. buying and selling of human beings. In the past, sometimes work was done by the zamindars or local powerful persons without paying human remuneration. This practice was called "forced labour" or "begar", as no remuneration was paid in return for this labour. "Begar" has been declared as an offense by the Constitution which is punishable by law. The constitution also states that children below the age of 14 years should not be made to work in factories or mines. They should also not be employed in any other dangerous work. The idea behind this is that children are the property of the society. Therefore, as long as they are young, they should be allowed to receive education and have a happy childhood. If they are used to earn money in dangerous work, it will ultimately harm the society itself. If children are made to work and due to this type of exploitation they are not able to develop properly, then future society will suffer. So children should not be exploited. But this provision is being followed in a very limited sense. Of course, in big factories which are registered by the government, children are not employed. But in other places, children can often be seen working, because children are paid less on the basis that they are able to do less work. This is a gross violation of the spirit of the Constitution. This exploitation of children can be ended only when public opinion is formed against it and there are such alert and aware citizens in the society who are not only aware of their rights but also about the rights of others. Only this kind of consciousness can protect the rights of children.
Right to freedom of religion
The Constitution has given freedom to all Indian citizens to practice their religion. All religions will be equal in the eyes of the state and no religion will be given preference over other religions. Religious communities can run their own charitable organizations. But such functions of religious communities which are not related to religion are governed according to government rules. But religious education cannot be imparted in the institutions run by the government because if religious education is allowed there then the principle of secularism will be disregarded.
Right to culture and education
India is a country of many religions, languages and cultures, so special provision has been made in the constitution to protect the rights of minorities. Any community has the right to protect and develop its own language and script. There shall be no discrimination on the basis of language or religion in the admission of any citizen in government and government-maintained institutions. Communities considered to be minorities on the basis of language or religion can establish their own educational institutions. This work can be helpful in preserving their own culture.
Right to constitutional remedies
To protect the rights of citizens, it is necessary that those laws should also be respected by the government. If the government uses its power unjustly against a citizen or punishes or imprisons him illegally without any reason, then the right to constitutional remedies has been given for this problem. This means that if the government does any such act which violates the fundamental rights of the citizens, then the citizen has the right to get judicial remedy through the court. He can challenge the work done by the government against his fundamental right in the court.
To protect and protect the fundamental rights of the citizen, the process of applying to the court can be adopted in many ways. The orders given by the court to the government in this regard are called "writs". Courts can issue different types of "writs" - habeas corpus, mandamus, prohibition, interrogation and coercion. Right to constitutional remedies can be suspended by the central government if emergency is declared in the country. This right comes into force again when the emergency is declared over.
Hussainara Khatoon & Ors. was a landmark decision ruled on March 9, 1979, that gave broader meaning to Article 21 and stated that everyone has the right to a prompt trial. It is the most well-known case involving the human rights of Indian inmates.
Right to Property
An important reason behind the controversy over the relationship between Fundamental Rights and Directive Principles was the fundamental right of acquisition, ownership and protection of property in the original constitution. But it was clearly stated in the constitution that the government can acquire property for public welfare. From 1950 onwards, the government made many such laws which banned the right to property. This right was at the center of the dispute between the Fundamental Rights and the Directive Principles. Finally, in 1973, the Supreme Court in its judgment did not recognize the right to property as an element of the 'basic structure of the Constitution' and said that Parliament has the right to restrict it by amending the Constitution. In 1978, the Janata Party government removed the right to property from the list of Fundamental Rights by the 44th Constitutional Amendment and made it a general legal right under Article 300 (a) of the Constitution.
Human rights commission
The real identity of the rights provided by any constitution is when they are implemented. The poor, uneducated and weaker sections of the society should have the freedom to exercise their rights. Organizations such as the People's Union for Civil Liberties (PUCL) or the People's Union for Democratic Rights (PUDR) guard against rights abuses. In this context, in the year 2000, the government constituted the National Human Rights Commission.
The National Human Rights Commission consists of a former Chief Justice of the Supreme Court, a former Chief Justice of a High Court and two more members having knowledge or practical experience in relation to human rights.
On receipt of complaints of violation of human rights, the National Human Rights Commission can investigate on its own initiative or on the petition of an aggrieved person. May go to study the condition of prisoners in prisons: may conduct research in the field of human rights or encourage research.
The commission receives thousands of complaints every year. Most of these are related to custodial death, custodial rape, disappearance of people, police excesses, non-action, misbehavior against women etc. The most effective intervention of the Human Rights Commission was in the form of investigation into the disappearance of youth in Punjab and the Gujarat riots. The Commission itself does not have the right to hear the case. It can recommend trial to the government or the court on the basis of its investigation.
Directive Principles of State Policy
The Directive Principles of State Policy are mentioned in the fourth part of the Indian Constitution. Due to this unique feature, the Indian Constitution comes in the category of constitutions of few countries of the world like Austria, Spain, Brazil, France, Italy, Varma and West Germany. But the inspiration for the makers of the Indian Constitution to include these Directive Principles in the Constitution came from Ireland. For the purpose of laying down some principles for guiding the governments, the framers of the constitution wanted to keep such a system in the constitution. Governments are expected to keep these Directive Principles in mind while formulating their policies.
Our leaders had made some promises regarding the fundamental rights given to the citizens after independence during the Indian freedom struggle. Social and economic rights were also mentioned in those fundamental rights. But when India became independent, our leaders felt that it would not be possible to give these rights immediately. For its proper solution, he entrusted this task to a sub-committee of the Constituent Assembly. On the suggestion of the sub-committee, the Fundamental Rights were divided into two categories - those to be given immediately and those to be given in future (when the country is able to give them). As a result, the third part of the constitution deals with fundamental rights, while the fourth part provides for the directive principles of state policy.
These principles are actually the instructions given by the constitution to the central and state governments, on the basis of which these governments will make their policies. These policies will help in establishing a just society in the country. The purpose of these principles is to create such economic and social conditions. Under which the citizens here can lead a better life.
The ideology of democracy is not only political. In this the social and economic life of the people is also embodied. Some of these principles are in the form of social and economic rights. For example, the right to work, free and compulsory education for children up to fourteen years of age, equal pay for equal work, adequate means of livelihood, etc. are such social and economic rights. The government should try to provide those conditions under which these rights of citizens can become statutory rights.
It has been said in the constitution that the government will make efforts to make available to the citizens the right to work, the right to education, unemployment, sickness, old age, retirement and the right to be helped by the government in helpless condition, etc. So that the poor people, who are the victims of more injustice in the society, can go to court and defend their rights.
Not all the Directive Principles of Policy are social and economic. Some of those elements guide the government in other matters. For example, the Constitution states that the state shall endeavor to prevent the centralization of wealth. It will also ensure that the workers participate in the decisions of factories. Directives have also been given in the constitution for the development of Panchayat Raj Institutions. In the constitution, instructions have also been given to the government for the promotion of public health, animal husbandry, prevention of slaughter of cow and other milch animals and prohibition of alcohol. The state has also been directed for the development of cottage industries. It has also been instructed to conserve forests, wildlife and ancient monuments. Finally, it has also been said in the constitution that the state will always adopt such policies, which are helpful in maintaining world peace.
Like fundamental rights, these rights are not enforceable by the court. The meaning of their mention in the Constitution is that the governments should not forget this far-reaching objective while formulating the policy and try to translate them into reality. If the government makes a law for the enforcement of these principles, then it cannot be challenged in the court on the ground that the law is contrary to the fundamental rights.
Difference between Fundamental Rights and Directive Principles of State Policy
Directive Principles of State Policy
They can be implemented with the help of courts
This tool is not accessible to them.
It orders the state to abstain from certain functions.
It advises the state to take some positive action.
It mainly includes civil and political rights.
Under this, the priority of economic and social rights is
Importance of Directive Principles of Policy after implementation of the Constitution / Nature of Directive Principles of Policy
Some critics consider these as 'sacred thoughts' or 'resolutions made on the new year', because the aid of the court is not accessible for the implementation of the Directive Principles of State Policy. Although these elements cannot be implemented by the courts, yet they are the basic principles of governance and the three branches of governance: executive, legislature and judiciary, have to accept their importance. In fact, the judiciary has followed the principle of conformity between the fundamental rights and the Directive Principles of State Policy. Not only this, the judiciary has also taken recourse to these Directive Principles while interpreting various provisions of the Constitution. In the Minerva Mills case, the then Chief Justice of the Supreme Court, Chandra Chud, said that the Indian Constitution is firmly based on the balance of Parts III and IV. To give primacy to anyone in this means to disturb the harmony of the constitution. The harmony and balance between the Fundamental Rights and the Directive Principles of State Policy is an essential element of the basic structure of the Constitution.
The executive has also resorted to the Directive Principles of State Policy to justify its actions. For example, in the case of Champakam Dorairajan v State of Madras, the Madras Government, to justify its communal order, relied on the Directive Principles of State Policy mentioned in Article 46 of the Constitution dealing with the interests of the weaker sections of the society.
Bihar has been one of the leading states to abolish the Zamindari system. In this sequence, the Bihar Public Land Encroachment Act, 1956 and its amendments, the Consolidation Act 1956, the formation of the Mandal Commission 1979 for the identification of socially or educationally backward classes, the division of the Backward Classes and the Extremly Backward Classes and the system of reservation etc. is the implementation of the Directive Principle. According to the provisions mentioned in Article 38 and 46 by the Bihar Government, special package has been arranged for the socio-economic development of the most vulnerable sections of the Scheduled Castes by identifying them as Mahadalits. In recent years, the Bihar Liquor Ban, women's reservation, and jal, jeevan & hariyali program are also the implementation of the Directive Principles of state.
Parliament has also taken the full support of the Directive Principles of State Policy in the performance of its legislative functions. For example, the Government of India, with reference to the propriety of the First Amendment Act, 1951 and the Fourth Amendment Act, 1955 of the Constitution, argued before the court in the Shankari Prasad and Golaknath cases respectively that both these Acts were intended to give practical shape to the Directive Principles of State Policy.
Panchayats in India were functioning as local government since the time of British rule but the democratic nature of these institutions was not given due attention. Efforts were made for constitutional remedy these shortcomings. Article 40 of the Constitution provides that – “The State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government”; Keeping this in view, the historic step of granting constitutional status to Panchayati Raj and Municipalities was taken by the Indian Parliament through the 73rd and 74th Constitutional Amendments 1992. One-third of the total number of seats at each level in Panchayati Raj are reserved for women, in the case of Bihar half the seats are reserved for women. The Right to Education Act, 2009 has taken shape in compliance with the directive principles derived from the provisions mentioned in Article 45 of the Constitution.
Apart from this, many laws have been made in compliance with this Directive Principle, under which the Minimum Wages Act of 1948 empowers the government to fix the minimum wages of people working in the entire economic sector. The Equal Remuneration Act 1976 provides for equal pay for equal work for both men and women. Consumer Protection Act 1986 provides better protection to consumers. The objective of the Act is to provide simple, speedy and cheap redressal of consumer grievances and to provide relief and compensation were found appropriate. In order to protect the Scheduled Castes and Scheduled Tribes from discrimination, the Government has enacted the Prevention of Atrocities Act in 1995 with provisions of severe punishment for such acts.
The judiciary has been separated from the executive in all the states and territories except Jammu and Kashmir and Nagaland. India's foreign policy is influenced by the Directive Principles. India has contributed to the UN peacekeeping efforts by participating in 49 UN peacekeeping missions by the Indian Army.
Implementation of Uniform Civil Code is still pending. In the Shah Bano case (1985–1986), the Supreme Court held Muslim woman Shah Bano (whose husband divorced her in 1978) as entitled to receive maintenance from her ex-husband as per Indian law applicable to all women. The orthodox Muslims of India strongly opposed this decision, considering it an unauthorized interference on their culture and laws. The then Prime Minister Rajiv Gandhi accepted their demands and passed the Muslim Women (Protection of Rights on Divorce) Act 1986, overturning the Supreme Court's decision in the Shah Bano case. Many jurists, critics and politicians alleged that the fundamental right to equality for all citizens regardless of religion or gender was violated by the government to appease a particular class. This decision and the law are still the subject of discussion.
In conclusion, the Directive Principles are basically related to political, social, economic, educational and cultural policy.
Fundamental duty has been conceptualized to fulfill the obligations of the individual to the society. Fundamental duties have been included in the Constitution by the Forty-second Constitutional Amendment Bill passed in 1976 in the light of the suggestion of Sardar Swaran Singh Committee. For this, Article 51 (A) was included in a new Part-4 (A) in the Constitution, in which there is a system of Fundamental Duties.
Through Fundamental Duties, citizens are expected to
1. Follow the constitution and respect the national flag and national anthem.
2. Preserve and follow the inspiring ideas of the national movement.
3. Uphold and protect the sovereignty, unity and integrity of India.
4. Protect the country and serve the nation when needed.
5. To create a feeling of harmony and equal fraternity among all the people of India and give up such practices which are against the respect of women.
6. Understand the importance of the glorious tradition of the composite (mixed) culture of the nation and preserve it.
7. Protect and enhance the natural environment and be kind to all living beings.
8. Develop scientific outlook, humanism and the spirit of learning and reform.
9. Protect public property and abstain from violence.
10. Try to move towards excellence in all areas of individual and group activities.
11. Provide opportunities for education to his child or ward between the age of six and fourteen years. .
The terminology used in some duties is described by critics as misleading and unclear. Words like humanism, ideals of freedom movement are examples of this. There are also many such duties which seem only repetitive. Critics also draw attention to the absence of a clear provision of punishment for disobeying it.