The Indian Constitution is extremely unique in nature as it contains features of various constitutions across the globe. It must be noted that not only is the Indian Constitution one of the lengthiest Constitutions across the globe, but it is also one of the most comprehensive Constitutions which deals extensively with the various rights to which all residents of India are entitled to; be it citizens or non citizens. The Indian Constitution also deals with the Constitutional obligations or duties which every resident of India; be it citizens or non citizens are obligated to perform. It is very important for a resident of India to be aware of the various rights they are entitled to. It is equally important for a resident to be aware of their duties and perform their duties accordingly. This article aims to provide a brief overview of the various rights a resident is entitled to and also aims to provide an overview of the various duties a resident cannot ignore no matter the circumstances.
Fundamental Rights in India- A Brief Overview
Fundamental rights are a certain set of rights which are enshrined in the Indian Constitution. Fundamental rights are extremely different from other legal and constitutional rights as a citizen cannot be deprived of their Fundamental rights until an emergency has been proclaimed. Fundamental rights are extremely important as they have been deeply ingrained in the country’s constitutional structure and no resident; be it citizen or non citizen can be deprived of the same until the occurrence of exceptional circumstances. Fundamental Rights are enforceable by courts and any resident who has been deprived of their fundamental rights may approach the Court to seek Court intervention and attain the requisite legal remedies.
Articles 14 to 32 of the Indian Constitution deal with fundamental rights. Fundamental Rights can be broadly divided into six parts namely Right to Equality (Articles 14-18), Right to Freedom (Articles 19-22), Right against Exploitation (Articles 23-24), Right to Freedom of Religion (Articles 25 – 28), Cultural and Educational Rights (Article 29-30) and Right to Constitutional Remedies (Article 32).
Right to Equality ensures that every citizen of India is treated equally and is not unduly discriminated on grounds such as race, caste, creed, sex, place of birth etc. It also ensures that equal employment opportunities are made available to every citizen irrespective of the social and societal class the person belongs to.
Right to Freedom ensures that freedom of citizens is maintained and they are entitled to freedom such as freedom to speech and expression and freedom to profession etc. subject to reasonable restrictions. Right against exploitation ensure that certain vulnerable social and religious groups are not unduly subjected to exploitative behavior. The Right to Freedom of religion ensures that the religious rights of citizens are protected and no citizen is forced to profess a religion against their wishes. It also ensures that every individual can profess their religion with no interference and also perform the religious practices etc. as mandated by their respective religions.
Right to Cultural and Educational rights ensures that the rights of the cultural, religious and linguistic minorities are protected and their cultural values are not compromised on just because they are minorities.
Right to Constitutional Remedies ensures that a feasible remedy is provided to citizens if their fundamental right is violated. It ensures that the government does not infringe upon or curb anyone’s rights. As per the provisions of this Article, any citizen can approach the Hon’ble Supreme Court of India directly and gain the requisite remedies.
It must be noted that the rights guaranteed under Articles 15, 16, 19, 29 and 30 are only available to citizens. All other fundamental rights are given to non citizens as well as citizens.
Fundamental Duties in India- A Brief Overview
Fundamental Duties were incorporated into the Indian Constitution following the 42nd Amendment. Fundamental Duties ensure that residents of India fulfill their obligations and maintain a certain standard of fit and moral behavior. The concept of Fundamental duties has been borrowed from the former USSR Constitution.
Fundamental Duties in the Constitution promote responsible behavior for Indian citizens. The Indian Constitution outlines 11 Fundamental Duties which serve as guiding principles for citizens. These duties encompass a plethora of responsibilities, reflecting upon the various values and ideals that contribute to the betterment of the society and the nation.
Conclusion
It is extremely important for residents of India; be it citizens or be it non citizens to be aware of the various rights and duties they are empowered to avail and which they must lawfully exercise. Therefore, residents must ensure that they are aware of their rights and responsibilities and lead their lives accordingly. Thus knowledge of fundamental rights will ensure that if their fundamental rights are violated, citizen can approach the requisite forum.
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