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Fundamental Rights & Fundamental Duties

Complete Notes for SSC GD Exams

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Introduction

The Fundamental Rights and Fundamental Duties are the core of the Indian Constitution. They protect citizens' freedoms and remind them of their responsibilities.

1. What Are Fundamental Rights?

Fundamental Rights are the basic human rights guaranteed by the Constitution to all citizens.

Justiceable

Citizens can go to court if these rights are violated

Constitutional Location

Part III of the Constitution (Articles 12-35)

Simple Definition

Fundamental Rights are the rights that protect personal liberty, equality, freedom, and dignity of every citizen.

2. List of Fundamental Rights (6 Rights)

Originally 7, now 6 after Right to Property removed

Fundamental Right Articles
1. Right to Equality Articles 14-18
2. Right to Freedom Articles 19-22
3. Right Against Exploitation Articles 23-24
4. Right to Freedom of Religion Articles 25-28
5. Cultural & Educational Rights Articles 29-30
6. Right to Constitutional Remedies Article 32

Memory Trick:

"E-F-E-R-C-R" - Equality → Freedom → Exploitation → Religion → Culture → Remedies

Detailed Explanation of Fundamental Rights

1. Right to Equality (Articles 14-18)

Guarantees equal treatment of all citizens.

Includes:

  • Equality before law (Article 14)
  • No discrimination (Article 15)
  • Equality of opportunity in jobs (Article 16)
  • Abolition of untouchability (Article 17)
  • Abolition of titles (Article 18)

Important Note:

Article 17 - Abolition of Untouchability (Very Important)

2. Right to Freedom (Articles 19-22)

Covers personal, political & national freedoms.

Article 19 - 6 Fundamental Freedoms:

  • Freedom of speech
  • Freedom to assemble
  • Freedom to form associations
  • Freedom to move freely
  • Freedom to reside anywhere
  • Freedom to practice any profession

Other Important Articles:

  • Article 20 - Protection in criminal offenses
  • Article 21 - Right to Life & Personal Liberty
  • Article 21A - Right to Education (6-14 years)
  • Article 22 - Protection against arrest & detention

Key Points:

  • Article 21 = Mother of all rights
  • Article 21A added by 86th Amendment (2002)

3. Right Against Exploitation (Articles 23-24)

Prohibits:

  • Human trafficking
  • Forced labor
  • Child labor (below 14 years)

Scope:

In mines, factories, hazardous jobs

4. Right to Freedom of Religion (Articles 25-28)

Ensures religious freedom.

Includes:

  • Freedom of conscience (Article 25)
  • Manage religious affairs (Article 26)
  • No religious taxes (Article 27)
  • No religious instruction in govt schools (Article 28)

5. Cultural & Educational Rights (Articles 29-30)

Protects minority cultures.

Includes:

  • Right to conserve language & culture (Article 29)
  • Minority institutions (Article 30)

6. Right to Constitutional Remedies (Article 32)

"Heart & Soul of the Constitution" - Dr. Ambedkar

Features:

  • Citizens can go to Supreme Court if rights are violated
  • Supreme Court can issue 5 writs

5 Writs:

  • Habeas Corpus
  • Mandamus
  • Prohibition
  • Certiorari
  • Quo-Warranto

Important:

Article 32 & 226 can issue writs (Article 226 = High Courts)

3. Right to Property - Removed (Now Legal Right)

Originally

Fundamental Right (Article 31)

Removed by

44th Amendment, 1978

Now

Legal right under Article 300A

4. Fundamental Duties (Part IVA)

Added by

42nd Amendment (1976)

Location

Article 51A

Inspired by

USSR Constitution

Total Duties

11

List of 11 Fundamental Duties (Article 51A)

Duty Description
1. Follow Constitution To abide by the Constitution and respect its ideals and institutions
2. Respect National Symbols To cherish and follow the noble ideals of national struggle
3. Protect Sovereignty To uphold and protect the sovereignty, unity and integrity of India
4. Defend the Country To defend the country and render national service when called upon
5. Promote Harmony To promote harmony and spirit of common brotherhood
6. Preserve Culture To value and preserve the rich heritage of our composite culture
7. Protect Environment To protect and improve the natural environment
8. Develop Scientific Temper To develop scientific temper, humanism and spirit of inquiry
9. Safeguard Public Property To safeguard public property and abjure violence
10. Strive Towards Excellence To strive towards excellence in all spheres of individual and collective activity
11. Duty of Parents To provide opportunities for education to children (added by 86th Amendment)

Memory Trick for Duties:

"F-R-P-D-P-P-P-D-S-S-E" (Flag-Respect-Protect-Defend-Promote-Preserve-Protect environment-Develop scientific thinking-Safeguard property-Strive excellence-Education)

5. Difference: Rights vs Duties

Rights Duties
Guaranteed by Constitution Moral obligations
Enforced by courts Not enforceable
Protect freedom Promote responsibility
Part III Part IVA

6. Quick Revision Table

Topic Key Point
Total Rights 6
Articles 12-35
Remedies Article 32
Duties 11
Duty Article 51A
Added by 42nd Amendment
RTE (Right to Education) Article 21A
Child labor ban Article 24
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