Detailed Presentation on Fundamental Rights and Duties under Indian Constitution. Made By: Edited By: Ayush Patria, Sanga University, Bhilwara

1. FUNDAMENTAL RIGHTS AND DUTIES

2. FUNDAMENTAL RIGHTS
• These are the basic human rights which are defined in Part III (Article 12 -35)
of the Indian Constitution.
• If any of the fundamental rights get violated then one can approach to the
court.
• Initially there were 7 fundamental rights. However Right to Property was
removed by the 44th amendment. So now we have only 6 fundamental rights.

3. SIX FUNDAMENTAL RIGHTS
• Right to Equality
• Right to Freedom
• Right against Exploitation
• Right to Freedom of Religion
• Cultural and Educational Rights
• Right to Constitutional Remedies

4. RIGHT TO EQUALITY (Article 14-18)
Article 14:
 This article states that the law of the country equally protects all
the people of the country.
 Any person shall not be denied equality before the law or equal
protection of laws within the territory of India.

5. Article 15:
• No person shall be discriminated on the grounds of religion, race,
caste, sex or place of birth.
• State has the power to make special provisions for women, children
and for the advancement of any educationally or socially backward
class or scheduled castes and tribes.

6. Article 16:
• This article states that every person should be given equal opportunity in
the matters of public employment and no one shall be discriminated on the
basis of religion, race, caste, sex, descent, place of birth, residence.
• State has the power to make special provisions for the reservation of
appointments for backward classes.

7. Article 17:
• Abolition of Untouchability
• It is an offence. If anyone caught practicing this then he will be
punishable by the law.

8. Article 18 (Abolition of Titles)
• This article prohibits the state to confer any titles.
• Indian citizens can not accept titles form the foreign states.
• Titles can be granted to Military and academic distinctions.
• Bharat Ratna and Padma Vibhusha are exempted from this provision.

9. RIGHT TO FREEDOM (Article 19-22)
Article 19:
This article guarantees six freedoms. They are as follows:
a) Freedom of speech and expression
b) Freedom to assemble
c) Freedom to form associations
d) Freedom to move freely
e) Freedom of residence
f) Freedom of profession

10. FREEDOM OF SPEECH AND EXPRESSION
• Everyone has the right to express their views and opinions freely.
• State can impose restrictions in the interests of integrity, security
and sovereignty of the country, friendly relations with foreign
nations, for public order, with respect to defamation, incitement to
offence or contempt of court.

11. FREEDOM TO ASSEMBLE
Every person has the right to assemble peacefully without arms.
State can imposed reasonable restrictions in the interests of
sovereignty and integrity of the country and public order.

12. FREEDOM TO FORM ASSOCIATIONS
Workers have the right to form trade unions. Police personnel
are restricted to form trade unions under the Police Force Act.

13. ARTICLE 20
This article protect the citizens from conviction of offences in
certain cases. The protections given are stated as follows:
1. Retrospective criminal legislation : If an act was committed at
that time when it has not been declared as an offence then the
person can’t be convicted. Also he can’t get a punishment greater

14. than which is prescribed by the law.
2. Double jeopardy : A person cant be convicted for the same
offence more than once.
3. Prohibition against self-incrimination : State can’t compel
any accused to bear the witness against himself.

15. Article 21
Every person has the right to life and personal liberty as per the
procedure established by law.
Article 21 A
All the children between age 6 to 14 years must be provided with
the free and compulsory education by the State.

16. Article 22
• This article protect the citizens against arrest and detention in certain
cases.
• Under Article 22(1), the person who is in custody must be informed
about the reason of arrest and no one can deny to consult an
advocate.

17. • Under Article 22(2), every arrested person should be produced
within 24 hours before a judicial magistrate.
• Under Article 22(3), arrested person can’t be kept in custody
more than the period determined by the judicial magistrate.

18. RIGHT AGAINST EXPLOITATION
Article 23
• Human trafficking and forced labor are declared as an offence
under this Article. If anyone practices this then he will be
punishable by law.

19. Article 24
Children below the age of 14 years are prohibited for employment
in any hazardous profession.

20. RIGHT TO FREEDOM OF RELIGION (Article 25-28)
Article 25 - It provides freedom of conscience and gives freedom to
practice any religion of their choice.
Article 26 - This article helps us to manage religious affairs, which is
subject to public order, morality and health, every religious
denomination or any section.

21. Article 27 and Article 28
Article 27 says that Every person has the right of freedom not to pay
taxes for the promotion and maintenance of any particular religion.
Article 28 says that Religious instructions are prohibited in those
educational institutions which are wholly maintained by the State.

22. CULTURALAND EDUCATIONAL RIGHTS (Article 29-30)
Article 29 - It protects the interest of minorities. It grants minority
committee to conserve its language, script and culture. State can’t
impose any external culture on them.
Article 30 - All the minorities shall have the right to administer and
run educational institutions of their choice.

23. RIGHT TO CONSTITUTIONAL REMEDIES (Article 32-35)
Article 32
• If there is a violation of fundamental right then one can approach
Supreme Court to seek remedy. This article gives the power to
Supreme Court to issue order or writs for the enforcement of the
fundamental rights.

24. Article 33 - Parliament has the power to modify the application of
the fundamental rights to the armed forces or forces charged with
the maintenance of public order.
Article 35 - The power to make laws to give effect to certain
specified Fundamental Rights shall vest only with the President and
not only with State Legislatures.

25. FUNDAMENTAL DUTIES
 Fundamental duties are defined in Part IV A (Article 51 A) of
the Indian Constitution. Initially there were 10 fundamental duties
but after 86th amendment in 2002, the duties were increased from
10 to 11. The duties are as follows:

26. • Respect for the Constitution, National Flag and countrywide
anthem.
• Cherish the noble ideals that inspired the national struggle for
freedom.
• Protect the sovereignty, harmony and integrity of India.

27. • To defend the country and perform national services when the
country requires.
• Promote the common brotherhood amongst the citizens of India
and surrender any exercise derogatory to the distinction of ladies.
• Preserve the wealthy history of the kingdom’s composite culture.

28. • Protect the herbal surroundings and have compassion for living
creatures.
• Develop scientific temper, humanism and spirit of inquiry and
reform.
• Safeguard public assets and deny violence.

29. • Strive for excellence in all man or woman and collective
activity.
• To provide opportunities for education to children between 6-14
years of age and it is the duty of the parents to ensure that such
opportunities are being awarded to their child.