I & IC chapter 2 part-2

1. What is fundamental rights?

Fundamental Rights are a set of rights guaranteed to all citizens of India under Part III of the Indian
Constitution. These rights are essential for the holistic development of individuals and ensure that
citizens can live with dignity, equality, and freedom. Fundamental Rights protect individuals from
the arbitrary actions of the state and provide a legal framework to challenge violations of these
rights.

Key Characteristics of Fundamental Rights:

1. Constitutionally Guaranteed: They are enshrined in the Constitution and are legally enforceable.
Citizens can approach the courts for the enforcement of these rights if they are violated.
2. Universal: They apply to all citizens, regardless of caste, race, gender, religion, or place of birth.
Some rights also apply to non-citizens, such as the right to life and personal liberty.
3. Justiciable: If any of the Fundamental Rights are violated, individuals can directly approach the
Supreme Court or High Courts for remedies, under Article 32 and Article 226, respectively.
4. Limitations and Reasonable Restrictions: Although these rights are fundamental, they are not
absolute. The Constitution allows the government to impose reasonable restrictions in the interest
of public order, morality, security, and the sovereignty of the country.

List of Fundamental Rights

1. Right to Equality (Articles 14–18):
▪ Article 14: Equality before the law and equal protection of the laws.
▪ Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of
birth.
▪ Article 16: Equality of opportunity in matters of public employment.
▪ Article 17: Abolition of untouchability.
▪ Article 18: Abolition of titles (except military and academic honours).
2. Right to Freedom (Articles 19–22):
▪ Article 19: Protection of six freedoms—freedom of speech and expression, assembly,
association, movement, residence, and profession.
▪ Article 20: Protection in respect of conviction for offenses (protection against double
jeopardy, self-incrimination, etc.).
▪ Article 21: Protection of life and personal liberty.
▪ Article 21A: Right to education (for children between 6 to 14 years).
▪ Article 22: Protection against arrest and detention in certain cases, with safeguards against
arbitrary arrest.
3. Right against Exploitation (Articles 23–24):
▪ Article 23: Prohibition of human trafficking and forced labour.
▪ Article 24: Prohibition of employment of children in hazardous industries.
4. Right to Freedom of Religion (Articles 25–28):
▪ Article 25: Freedom of conscience and free profession, practice, and propagation of religion.
▪ Article 26: Freedom to manage religious affairs.
▪ Article 27: Freedom from payment of taxes for the promotion of any religion.
▪ Article 28: Freedom from attending religious instruction in certain educational institutions.
5. Cultural and Educational Rights (Articles 29–30):
▪ Article 29: Protection of the interests of minorities (cultural and linguistic minorities).
▪ Article 30: Right of minorities to establish and administer educational institutions of their
choice.
6. Right to Constitutional Remedies (Article 32):
▪ Article 32: The right to move the Supreme Court for enforcement of Fundamental Rights.
This article is referred to as the "heart and soul" of the Constitution by Dr. B.R. Ambedkar.
▪ The courts can issue writs like Habeas Corpus, Mandamus, Prohibition, Quo-Warranto, and
Certiorari to enforce these rights.

Importance of Fundamental Rights:

• Protection of Individual Dignity: Fundamental Rights ensure that every individual’s dignity is
protected and that they can enjoy basic freedoms essential for their development.
• Establishment of Rule of Law: By providing a legal mechanism to challenge arbitrary state actions,
Fundamental Rights ensure that the rule of law is maintained.
• Promotion of Equality and Non-Discrimination: The Right to Equality ensures that no citizen is
discriminated against and that all are treated equally before the law.
• Freedom to Live with Dignity: The Right to Life and Personal Liberty under Article 21 has been
expansively interpreted by the judiciary to include various aspects of life, such as the right to
privacy, education, health, and a pollution-free environment.

2. State any two features of fundamental rights

Two key features of Fundamental Rights are:

• Justiciability: Fundamental Rights are enforceable by courts. If a citizen's rights are violated, they
can directly approach the Supreme Court or High Courts for redress, as provided under Article 32
and Article 226 of the Constitution. The judiciary can issue various writs (such as Habeas Corpus,
Mandamus, etc.) to protect these rights.
• Universal Application: These rights apply universally to all citizens of India, regardless of their caste,
race, religion, gender, or place of birth. Some rights, such as the right to life and personal liberty,
even extend to non-citizens in India.

3. What is right to equality?

The Right to Equality, enshrined in Articles 14 to 18 of the Indian Constitution, is a fundamental

right that guarantees all citizens equal treatment before the law and prohibits discrimination on
various grounds. It is one of the core principles of the Indian legal system aimed at promoting
fairness and justice.
Key Provisions of the Right to Equality:
1. Article 14: Equality before Law and Equal Protection of the Laws
▪ Equality before the law: Every citizen is equal in the eyes of the law, and no individual is
above the law.
▪ Equal protection of the laws: The state must provide equal legal protection to everyone in
similar circumstances. It allows reasonable classification but prohibits arbitrary
discrimination.
2. Article 15: Prohibition of Discrimination
▪ This article prohibits discrimination on grounds of religion, race, caste, sex, or place of
birth.
▪ However, it allows the state to make special provisions for women, children, socially and
educationally backward classes, and Scheduled Castes and Scheduled Tribes.
3. Article 16: Equality of Opportunity in Public Employment
▪ It ensures equal opportunity for all citizens in matters of public employment.
▪ It prohibits discrimination on grounds of religion, race, caste, sex, descent, place of birth, or
residence.
▪ The state is permitted to make reservations for backward classes, Scheduled Castes, and
Scheduled Tribes in government jobs.
4. Article 17: Abolition of Untouchability
▪ This article abolishes untouchability and forbids its practice in any form. Any act of
untouchability is punishable by law.
5. Article 18: Abolition of Titles
▪ The Constitution prohibits the state from conferring titles that create social distinctions,
except for military or academic distinctions (such as "Bharat Ratna" or "Padma Awards").
▪ It also restricts citizens from accepting titles from foreign states.

Importance of the Right to Equality:

• Promotes Social Justice: It ensures that no individual is discriminated against based on personal
characteristics, promoting social equality.
• Equal Access to Opportunities: The right to equality ensures that every citizen has the same
opportunity to succeed, especially in matters like education, employment, and public office.
• Protection of Marginalized Groups: While prohibiting discrimination, it also empowers the state to
take affirmative action for the upliftment of socially and economically backward classes, thus
promoting inclusivity.
In essence, the Right to Equality strives to eliminate all forms of inequality and discrimination,
ensuring equal rights and opportunities for all citizens.

4. State any 2 fundamental duties

Two key Fundamental Duties of Indian citizens, as outlined in Article 51A of the Indian Constitution,
are:
1. To cherish and follow the noble ideals that inspired the national struggle for freedom.
▪ This duty encourages citizens to uphold and honour the values and principles that guided
India's independence movement, fostering patriotism and a sense of national unity.
2. To protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and
to have compassion for living creatures.
▪ This duty emphasizes the responsibility of every citizen to preserve and enhance the
environment, contributing to sustainability and ecological balance.

5. State any two purposes of directive principles

Two key purposes of the Directive Principles of State Policy (DPSP), as outlined in Part IV of the
Indian Constitution, are:
1. To promote social and economic welfare: The Directive Principles aim to guide the state in ensuring
the welfare of the people by striving to eliminate inequalities in income, status, and opportunities.
They promote measures like providing adequate means of livelihood, fair distribution of resources,
and living wages for workers.
2. To establish a just society: The DPSPs are designed to create a framework for a more equitable
society by focusing on principles like securing social justice, improving public health, ensuring free
and compulsory education for children, and protecting the interests of marginalized groups. These
principles aim to reduce poverty, inequality, and social injustice.