Wednesday, 9 July 2014

It is expected that a citizen of India.

An analysis of the BELOW duties reveals that they are applicable only to citizens and not to the aliens. It is expected that a citizen of India. While enjoying fundamental rights, should also perform these duties. Although there is no provision in the constitution for direct enforcement of any of these duties, yet. the courts are guided by these duties while interpreting various laws. These duties have Sanctity as these are included in the Directive Principles of State policy.
The Fundamental Duties are a novel feature of the Indian Constitution in recent times. Originally, the Constitution of India did not contain these duties. The Forty Second Constitution Amendment Act, 1976 has incorporated ten Fundamental Duties in Article 51(A) of the constitution of India. The Eighty-Six Constitution Amendment Act, 2002 has added one more Fundamental Duty in Article 51(A) of the constitution of India. As a result, there are now 11 Fundamental Duties of the citizen of India.

The following are the Eleven Fundamental Duties of every citizen of India:
(a) To abide by the Constitution and respect 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 people of India transcending religious, linguistic and regional or sectional diversities and 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.

 Following are the Fudamental Rights in India
Right to Equality
Article 14 :- Equality before law and equal protection of law
Article 15 :- Prohibition of discrimination on grounds only of religion, race, caste, sex or place of birth.
Article 16 :- Equality of opportunity in matters of public employment
Article 17 :- End of untouchability
Article 18 :- Abolition of titles, Military and academic distinctions are, however, exempted

Right to Freedom
Article 19 :- It guarantees the citizens of India the following six fundamentals freedoms:-
Freedom of Speech and Expression
Freedom of Assembly
Freedom of form Associations
Freedom of Movement
Freedom of Residence and Settlement
Freedom of Profession, Occupation, Trade and Bussiness
Article 20 :- Protection in respect of conviction for offences
Article 21 :- Protection of life and personal liberty
Article 22 :- Protection against arrest and detention in certain cases

Right Against Exploitation

Article 23 :- Traffic in human beings prohibited
Article 24 :- No child below the age of 14 can be employed

Right to freedom of Religion

Article 25 :- Freedom of conscience and free profession, practice and propagation of religion
Article 26 :- Freedom to manage religious affairs
Article 27 :- Prohibits taxes on religious grounds
Article 28 :- Freedom as to attendance at religious ceremonies in certain educational institutions

Cultural and Educational Rights

Article 29 :- Protection of interests of minorities
Article 30 :- Right of minorities to establish and administer educational institutions
Article 31 :- Omitted by the 44th Amendment Act

Right to Constitutional Remedies

Article 32 :- The right to move the Supreme Court in case of their violation (called Soul and heart of the Constitution by BR Ambedkar)
Forms of Writ check
Habeas Corpus :- Equality before law and equal protection of law

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