how does fundamental duties complement fundamental rights brief xplanation 20 page
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This unit introduces you about Fundamental Rights of Indian citizens. There are six Fundamental Rights of Indian citizens. These rights are peculiar in the sense that without these, no one can live in a democratic manner. Therefore framers of the Indian Constitution provide some Fundamental Rights for Indian citizens. Democracy can not work if the people do not have rights. Inclusion of Fundamental Rights prevents the government. from becoming despotic. Fundamental Rights are essential for moral and material development of the people also. People can develop their best self and personality through these rights. Though these rights are some guaranteed by the Constitution, yet the state can take back these rights temporarily during proclamation of emergency to maintain public order, security and so on. At the same time these rights are justifiable also. The courts can protect and safeguard them, if someone’s rights are violated. After all, Fundamental Rights are indispensable for good life and for the full development of human personality. Besides, this unit introduces you to Fundamental Duties of Indian citizens. These duties are enshrined in Part IV of the Constitution. These are some responsibilities or obligations of the citizens to perform for peace and prosperity of our country.
MEANING OF FUNDAMENTAL RIGHTS
Fundamental Rights fulfil some basic and essential conditions of good life for human progress. These are fundamental in the sense that in the absence of these rights citizens cannot develop their personality and their own self. These rights are not the same as ordinary rights of citizen. Fundamental Rights are enshrined in the Constitution. These are Constitutionally protected and guaranteed to the citizens while ordinary rights are protected by the ordinary law of the country. Fundamental Rights are inviolable in ordinary situation. Only under reasonable circumstances, these rights are suspended temporarily. Right to Life, Freedom of Speech and Expression, Right to Equality, Right to Religion, Right to Personal Liberty, Right to Education are some important Fundamental Rights of Indian citizen .Every state incorporates these Fundamental Rights in their own Constitution and citizens can enjoy them . If anybody’s Fundamental Rights are violated by force he or she can go to the court seeking legal assistance. Democratic countries like India, Japan, France, Switzerland and many other countries individuals without which democracy becomes meaningless. The Constitution of India has embodied a number of Fundamental Rights in Part III. Citizens can enjoy these rights within some definite limitations.
Features of Fundamental Rights
Necessary features of Fundamental Rights are as follows:
Fundamental Rights are an indispensable part of our Constitution. Twenty-four articles are enjoined with these Fundamental Rights. Parliament can amend Fundamental Rights by a special procedure.
Fundamental Rights are only for Indian citizens. No alien is permitted to enjoy these rights except right to life, liberty and personal property.
Fundamental Rights are not absolute. Therefore within some reasonable restrictions citizens can enjoy them. Fundamental Rights without prescribed conditions may disrupt public order.
Fundamental Rights are suspend able during the time of emergency and rights of the citizen are curtailed temporarily except right to life and personal liberty (article-20-21)
Fundamental Rights are justifiable also. A citizen can go to the court for enforcement of his Fundamental Rights if some one violates them. Under Article 32 and Article 226 of the Indian Constitution, a citizen can approach the Supreme Court and High Court respectively in this regard.
Fundamental Rights are amendable also. Parliament can amend these rights by a special procedure.
Some Fundamental Rights are positive while some others are negative in nature.
Fundamental Rights aim at restoring collective interest along with individual interest.
Fundamental Rights are superior to ordinary law of the land. They are conferred a special sanctity.
Some Fundamental Rights are limited to citizens only, such as freedom of speech, assembly, and cultural and educational rights, but other rights like equality before the law, religious freedom etc are available to both citizens and aliens
Some provisions of Chapter-III of the Indian Constitution are of the nature of prohibitions and place Constitutional limitations on the authority of the state. For instance, no authority of the state can deny to any person equality before the law or the equal protection of the laws.
Types of Fundamental Rights
Answer:
Fundamental Duties Complement Fundamental Rights
Our rights are rules of interaction among people. They place constraints and obligations upon the actions of the state and individuals or groups. Rights are defined as claims of an individual that are essential for the development of his or her own self and that are recognized by society or State. These are legal and social principles of freedom or entitlement and are the fundamental rules allowed to people or owed to people. Rights are considered fundamental to civilization, being regarded as established pillars of society and culture. But the rights have real meaning only if individuals perform duties. A duty is something that someone is expected or required to do. Life can be balanced if rights and duties go hand in hand and become complementary to each other. Rights are what we want others to do for us whereas the duties are those acts which we should perform for others.
Thus, a right comes with an obligation to show respect for the rights of others. The obligations that accompany rights are in the form of duties. If we have the right to enjoy public facilities like transport or health services, it becomes our duty to allow others to avail the same. If we have the right to freedom, it becomes our duty not to misuse this and harm others.
There will be conflicts, chaos and confusion if everyone is demanding their fundamental rights. Fundamental Rights and Fundamental Duties are inseparable and always go hand in hand. Hence the Fundamental Rights and Fundamental Duties enshrined in the Constitution are equally important and they complement each other.