What are the inspirations behind the fundamental rights
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:1. They serve as a reminder to the citizens that while enjoying rights they also have some fundamental duties to follow.
2. They serve as a warning against the anti-national and antisocial activities like burning the national flag, destroying public property and so on.
3. They serve as a source of inspiration for the citizens and promote a sense of discipline and commitment among them. They create a feeling that the citizens are no mere spectators but active participants in the realisation of national goals.
4. The duty as such is not legally enforceable in the Courts; but if the State makes a law to prohibit any act or conduct in violation of any of the duties, the courts would uphold that as a reasonable restriction on the relevant fundamental right..
5. Though non-justiciable in nature, it still helps the court in examining the constitutional validity of the law. If the court finds that a law in question seeks to give effect to a fundamental duty, it may consider such law to be reasonable in relation to Article 14(equality before law) or Article 19 (six freedoms) and thus save such law from unconstitutionality.
6. These duties are in the nature of a code of conduct. Since they are unjusticiable, there is no legal sanction behind them.Features of the fundamental duties:Moral/Civic: Some of the Fundamental duties are moral duties & some are civic duty. E.g. it is the moral duty to cherish the ideas of freedom struggle but it is the civic duty to respect the National Flag by saluting it & paying respect towards to it.Indian way of Life: It is very true that Fundamental Duties have actually been created from the wide culture present in India & hence it is actually a codification of the Indian way of life.Difference between Fundamental Right & Fundamental Duties: Fundamental Right applies to both citizens & foreigners but fundamental duties apply only to citizens.They are non-justiciable in nature. Fundamental Rights have negative impact on the government. Fundamental Duties have impact on the Citizens.Non-justiciable: They are non-justiciable in nature i.e. they can’t be taken to court of law if they are not followed. They lack legal sanction & direct enforcement. But Parliament can enforce it if it wants via proper legislation.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) Who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.
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2. They serve as a warning against the anti-national and antisocial activities like burning the national flag, destroying public property and so on.
3. They serve as a source of inspiration for the citizens and promote a sense of discipline and commitment among them. They create a feeling that the citizens are no mere spectators but active participants in the realisation of national goals.
4. The duty as such is not legally enforceable in the Courts; but if the State makes a law to prohibit any act or conduct in violation of any of the duties, the courts would uphold that as a reasonable restriction on the relevant fundamental right..
5. Though non-justiciable in nature, it still helps the court in examining the constitutional validity of the law. If the court finds that a law in question seeks to give effect to a fundamental duty, it may consider such law to be reasonable in relation to Article 14(equality before law) or Article 19 (six freedoms) and thus save such law from unconstitutionality.
6. These duties are in the nature of a code of conduct. Since they are unjusticiable, there is no legal sanction behind them.Features of the fundamental duties:Moral/Civic: Some of the Fundamental duties are moral duties & some are civic duty. E.g. it is the moral duty to cherish the ideas of freedom struggle but it is the civic duty to respect the National Flag by saluting it & paying respect towards to it.Indian way of Life: It is very true that Fundamental Duties have actually been created from the wide culture present in India & hence it is actually a codification of the Indian way of life.Difference between Fundamental Right & Fundamental Duties: Fundamental Right applies to both citizens & foreigners but fundamental duties apply only to citizens.They are non-justiciable in nature. Fundamental Rights have negative impact on the government. Fundamental Duties have impact on the Citizens.Non-justiciable: They are non-justiciable in nature i.e. they can’t be taken to court of law if they are not followed. They lack legal sanction & direct enforcement. But Parliament can enforce it if it wants via proper legislation.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) Who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.
Toooooo long but you can just take a few important points from this
Pls mark brainliest for ALL that typing pls
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- The Fundamental Rights has often been referred to as the ‘conscience’ of the Indian Constitution. Colonial rule had created a certain suspicion of the State in the minds of the nationalists and they wanted to ensure that a set of written rights would guard against the misuse of State power in independent India.
- Fundamental Rights, therefore, protect citizens against the arbitrary and absolute exercise of power by the State. The Constitution, thus, guarantees the rights of individuals against the State as well as against other individuals.
- Moreover, the various minority communities also expressed the need for the Constitution to include rights that would protect their group. The Constitution, therefore, also guarantees the rights of minorities against the majority.
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