Fundamental Rights & Fundamental Duties
Complete Notes for SSC GD Exams
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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