RRB NTPC EXAM - 2016 ::Detailed About Fundamental Right And Fundamental Duties For Railway And SSC Exams

RRB NTPC EXAM - 2016 ::Detailed About Fundamental Right And Fundamental Duties For Railway And SSC Exams
RRB NTPC EXAM - 2016 ::Detailed About Fundamental Right And Fundamental Duties For Railway And SSC Exams


Bill of Rights: -

The enactment of Bill of Rights was necessary in our constitution, because of historical and
political development of India. Bill of rights includes those rights which are essential for an
individual's existence. These rights are also known as Fundamental Rights. The Fundamental
Rights of an individual can be ensured in democratic system only.

We need the fundamental rights by virtue of being human because:

i) These rights are unavoidably essential for complete growth of an individual’s personality,
and, in absence of these moral and spiritual developments of individual are not possible.
ii) They are called as Fundamental rights because they are 'basic laws' of nation. These rights
are explained in constitution and changing governments cannot play with them according to
their whims.
iii) The fundamental rights are invidable and executive as well as legislature cannot play with
them and provide due respect to them.
iv) These rights are Justiciable, and, are protected by courts in any case of violation.
The entire operation in the making of Indian constitution was devoted to the fulfillment of
goals of justice, Liberty, Equality and Fraternity. This is possible only by providing a system of
rights to people of India. Thus, realizing the importance of Fundamental Rights, India after
Independence included this "Bill of Rights" in her constitution.
Fundamental Rights Provided By Indian Constitution:-
Part III of Indian constitution i.e. Article 14-32 provides for the following six kinds of

fundamental rights:

i) Right to Equality (Article 14-18)
ii) Right to Freedom (Article 19-22)
iii) Right to against Exploitation (Article 23-24)
iv) Right to Freedom of Religion (Article 25-28)
v) Cultural and Education Rights (Article 29-30)
vi) Right to constitutional Remedies (Article 32)


Let Us Explain Each one in Detailed:

i. Right to Equality: - The right to equality is provided in articles 14, 15, 16, 17 and 18. It
includes qequality before law without any discrimination (Art. 14), establishment of social
equality (Art. 15), equality of opportunity in matters of public employment (Art. 16),
abolition of untouchability (Art 17) and abolition of titles (Art. 18) to reduce disparity
between the people.

ii. Right to Freedom:-  Articles 19, 20, 21 and 22 provides to Indian citizens fundamental
right of freedom. Article 1 9  provides freedom of speech, expression, to assemble peacefully without arms, to form association, to move freely in the country, to reside and settle in any part of India and to practice any profession or to carry any occupation, trade or business. These freedoms are for Indian citizens only.
Freedoms
Reasonable Restrictions
1. Freedom of speech and expression

2. Freedom to form Associations and Unions
3. Freedom to assemble peacefully and without arms
4. Freedom to move freely throughout the territory of India

5. Free to reside and settle in association any part of India.
6. Freedom to practise any profession or to carry on any should not carry occupation, trade or business


(a) Restriction on the movement of a person/group to prevent spread of violence.
(b) Not allowed to run trades like gambling, prostitution, selling of narcotic drugs.
(c) Not allowed to reside too close to aerodrome.
d) Restriction on the use of languagethat may instigate people for communal violence

e) Not allowed to form an  to help terrorist activities

f) Should be peaceful and participants any weapon.


Articles 20, 21 and 22 provide personal liberty to Indian citizens as well as foreigners residing in the country. Article 20 lays down that no person can be convicted unless he had   violated a law, cannot be subjected to a penalty greater than that which was prescribed under law and a convict can be punished for a crime only once and cannot be compelled to be a witness against himself. Article 21 lays down protection of life, and, personal liberty. It includes personal liberty implying protection against physical torture, confinement and imprisonment.
Article 22, protection against arrest and detention. The person arrested should be informed of the grounds of arrest. He shall have the right to consult and to be defended by a legal practitioner, to be produced before the nearest magistrate within twenty four hours and no person should be detained in custody beyond 24 hours without the permission of Magistrate.

iii. Right against Exploitation: - Article 23 and 24 provides Right against exploitation. Article 23 prohibits human trafficking and forced labour. Article 24 prohibits exploitation of children. It is freedom against child labour.

iv. Right to freedom of Religion: - Articles 25, 26, 27 and 28 deals with right to freedom of religion. Article 25 states freedom of conscience, free profession, practice and propagation of religion. Article 26 provides freedom to manage religious affairs, article 27, freedom as to payment of taxes for promotion of any particular religion and article 28 freedom from religious instruction in government institutions.

v. Cultural And Educational Right: -  Article 29 and 30  provide ample opportunity to minority classes to protect and develop their language, script and culture, so that we can maintain in India, principle of 'Unity and Diversity'. This right includes right to admission in State maintained educational institution, compensation on acquisition of property of minority.

vi. Right to Constitutional Remedies: - The constitution has entrusted the task of protecting the fundamental rights to the Supreme Court and High Courts. These courts provide protection through the writs and orders as provided in Article 32

a) Writ of Habeas Corpus: - This empowers court is issue orders for the production of person/defense before him who is detained. If the person detained feels that his "detention is unlawful, then he or his any representative can move to court against the detention. If court found merit in detention, then a writ is issued to bring detune before court and if there is no merit find by court in detention, then court issues orders of releasing the person.

b) Writ of Mamdamus: - If an individual or institution fails in performing its duty, then the court orders to perform the duty by issue of the writ of Mamdamus.

c) Writ of Prohibition:-  When a lower court functions without jurisdiction or functions
against procedure of law, then the High Court or Supreme Court com prohibit the lower court form doing so. Such a kind of prohibition order issued by a higher court to a lower court is writ of prohibition.

d) Writ of Quo Warrant:- If a person is occupying an office without authority, the court may issue this writ against that person who is unlawfully occupying the office.

e) Writ of Certiorari:-  If a person feels that justice is not possible in a court due to lack of its proper composition or that justice has not been done to him, he may move to superior Court. Finding merit in application, the High Court may issue this writ and order lower court for the transfer of entire record so that justice could be done at a higher level.

Fundamental rights can be suspended only in case of national emergency.

Note :  The Right to Education is added by introducing a new Article 21A in the Chapter
on Fundamental Rights in 2002 by the 86th Constitutional Amendment.

RRB NTPC EXAM - 2016 ::Detailed About Fundamental Right And Fundamental Duties For Railway And SSC Exams
RRB NTPC EXAM - 2016 ::Detailed About Fundamental Right And Fundamental Duties For Railway And SSC Exams


Fundamental Duties : Part IVA (Article 51A)
Part IVA of Indian Constitution deals with Fundamental Duties. Originally, the Constitution of India did not contain these duties. Fundamental duties were added by 42nd and 86th Constitutional Amendment acts. As of now there are 11 Fundamental duties. Citizens are morally obligated by the Constitution to perform these duties. However, like the Directive Principles, these are non-justifiable, without any legal sanction in case of their violation or non-compliance.

Article 51 A : Fundamental duties

It shall be the duty of every citizen of India –
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
(k) to provide opportunities for education by the parent the guardian, to his child, or a ward between the age of 6-14 years as the case may be.

WHAT HAVE YOU LEARN?

A.  Rights are claims of an individual and these are essential for the development of himself or herself and that are recognized by the society or the State. A duty is something that someone is required to do for any number of reasons, including moral or legal obligations. Rights and duties are interdependent.

B.  Whereas all the rights are recognized by the society, some of the most important rights are recognized by the State and enshrined in the Constitution. Such rights are called Fundamental Rights.  The Constitution guarantees six Fundamental Rights to Indian citizens as follows:
(i) Right to equality, (ii) Right to freedom, (iii) Right against exploitation, (iv) Right to freedom of religion, (v) cultural and educational rights, and (vi) Right to constitutional remedies. While these Fundamental Rights are universal, the Constitution provides for some exceptions and restrictions.

C. The General Assembly of the United Nations adopted several types of Human Rights in 1948 and enshrined them in Universal Declaration of Human Rights. A number of the Human Rights have been given place as Fundamental Rights in the Indian Constitution so that their implementation may become a legal duty of the government. The Human Rights which could not find place under the Fundamental Rights, have been taken care of under Directive Principles of State Policy.

D. Ten Fundamental Duties have been added in Part-IV of the Constitution under Art 51A in the year 1976 through the 42nd Constitutional Amendment. Unlike Fundamental Rights which are justiciable, the Fundamental Duties are non justiciable which means that their violation i.e. non-performance of these duties is non-punishable.



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