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Answers
Explanation:
1. The fundamental rights are so called because they are the basic rights by which the constitution of a country or republic guarantees or provides its citizens with the fundamental obligations of the country or republic.
They are the basic human rights of the citizens. They are framed especially to “protect and safeguard” the citizen’s basic freedom from the public authorities.
The fundamental rights as directed in the Constitution of India are universal and are equal to all citizens irrespective of their caste, creed, colour, religion, or sex.
They aren’t absolute, they can be justiciable and suspendable. They are highly comprehensive and protect the basic economic, cultural, and social rights of an individual.
2. 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 (Articles. 29-30), and
Right to Constitutional Remedies (Articles. 32-35)
3. A constitution is not merely about the composition of the various organs of government and the relations among them. The constitution is a document which sets limits on the powers of the government. It also makes sure that a democratic system exists in which all persons enjoy certain rights i.e. Fundamental rights. Without these fundamental rights, there would be no development of an individual in an intellectual and spiritual sphere. Among the fundamental rights, cultural rights and the right to education become very important. Let us discuss these in detail.
4. Civil liberties are guarantees and freedoms that liberal governments commit not to abridge, either by legislation or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may include the freedom of conscience, freedom of press, freedom of religion, freedom of expression, freedom of assembly, the right to security and liberty, freedom of speech, the right to privacy, the right to equal treatment under the law and due process, the right to a fair trial, and the right to life. Other civil liberties include the right to own property, the right to defend oneself, and the right to bodily integrity. Within the distinctions between civil liberties and other types of liberty, distinctions exist between positive liberty/positive rights and negative liberty/negative rights.
5. The fundamental duties were incorporated in Part IV-A of our constitution by 42nd Constitutional Amendment Act, 1976. Presently we have 11 fundamental duties in our constitution under article 51-A, which are statutory duties and are enforceable by law. The idea behind the incorporation of the fundamental rights was to emphasise the obligation of the citizen in exchange of the comprehensive fundamental rights enjoyed by them.
6.The Directive Principles have been used to uphold the Constitutional validity of legislations in case of a conflict with the Fundamental Rights. Article 31C, added by the 25th Amendment in 1971, provided that any law made to give effect to the Directive Principles in Article 39(b)–(c) would not be invalid on the grounds that they derogated from the Fundamental Rights conferred by Articles 14, 19 and 21. The application of this article was sought to be extended to all the Directive Principles by the 42nd Amendment in 1976, but the Supreme Court struck down the extension as void on the ground that it violated the basic structure of the Constitution. The Fundamental Rights and Directive Principles have also been used together in forming the basis of legislation for social welfare. The Supreme Court, after the judgement in the Kesavananda Bharati case, has adopted the view of the Fundamental Rights and Directive Principles being complementary to each other, each supplementing the other's role in aiming at the same goal of establishing a welfare state by means of social revolution. Similarly, the Supreme Court has used the Fundamental Duties to uphold the Constitutional validity of statutes which seeks to promote the objects laid out in the Fundamental Duties. These Duties have also been held to be obligatory for all citizens, subject to the State enforcing the same by means of a valid law. The Supreme Court has also issued directions to the State in this regard, with a view towards making the provisions effective and enabling a citizens to properly perform their duties.