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Fundamental Rights & Duties

Reference: Lucent GK, NCERT Class 6–12

6 Fundamental Rights (Articles 12–35)

Part III of the Constitution (Articles 12–35) guarantees six Fundamental Rights to all citizens of India:

Right Articles Description
Right to Equality 14–18 Equality before law, no discrimination, equal access to public places.
Right to Freedom 19–22 Freedom of speech, assembly, association, movement, residence, profession; protection from arbitrary arrest.
Right against Exploitation 23–24 Prohibits human trafficking, forced labor, and child labor in factories/mines.
Right to Freedom of Religion 25–28 Freedom to profess, practice, and propagate any religion.
Right to Cultural & Educational 29–30 Protection of language, script, culture of minorities; minority educational rights.
Right to Constitutional Remedies 32 Right to move the Supreme Court for enforcement of rights. Called "Heart & Soul of the Constitution" – Dr. Ambedkar.

Additional Notes:

  • Article 13: Declares any law that violates Fundamental Rights as void.
  • Rights are not absolute — subject to reasonable restrictions.

Key Amendments

Amendment Year Change Made
42nd Amendment 1976 Added words: Socialist, Secular, Integrity to Preamble; added Fundamental Duties (Part IVA)
44th Amendment 1978 Removed Right to Property from Fundamental Rights (now a legal right under Article 300A)

Note: Right to Property was originally Article 31. After 44th Amendment, it became a legal right.

Reasonable Restrictions

Fundamental Rights are not absolute; the state can impose reasonable restrictions in the interest of:

  • National security
  • Public order
  • Morality
  • Friendly relations with foreign states
  • Sovereignty and integrity of India

Applied especially to:

  • Article 19 (freedom of speech, etc.)
  • Article 25 (freedom of religion)

"Reasonable" means restrictions should not be arbitrary or excessive.

Illustration of Early Vedic Period

Fundamental Duties (Article 51A)

Part IVA (added by 42nd Amendment Act, 1976)

Article 51A lists 11 Fundamental Duties

Duty No. Description
1 Abide by Constitution and respect National Flag and Anthem
2 Cherish noble ideals of freedom struggle
11 (Added by 86th Amendment, 2002) — Ensure child's education (6–14 years)

Unlike Fundamental Rights, Duties are non-justiciable (not enforceable by court), but morally binding.

Difference between Fundamental Rights and Duties

Feature Fundamental Rights Fundamental Duties
Nature Legal Rights (Justiciable) Moral Obligations (Non-justiciable)
Enforceability Can be enforced via courts Not enforceable by law
Purpose Protect individual liberty Promote civic responsibility
Part of Constitution Part III (Articles 12–35) Part IVA (Article 51A)
Amendment Introduced From beginning (1950) 42nd Amendment (1976)
Who Benefits Citizens (mostly); some to foreigners as well Applies only to citizens
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