CBSE Class 8 Social Science Fundamental Rights and Fundamental Duties Notes. Learning the important concepts is very important for every student to get better marks in examinations. The concepts should be clear which will help in faster learning. The attached concepts made as per NCERT and CBSE pattern will help the student to understand the chapter and score better marks in the examinations.
FUNDAMENTAL RIGHT AND FUNDAMENTAL DUTIES
*The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are section of the Constitution of India that prescribe the fundamental obligations of the State.
*The Fundamental Rights are defined as the basic human rights of all citizens. These rights, defined in Part III of of the Constitution, apply irrespective of race, place of birth, religion, caste, creed or gender.
*The Directive Principles of State Policy are guidelines for the framing of laws by the government. These provisionsset out in Part IV of the Constitution-are not enforceable by the courts, but the principles on which they are based are fundamental guidelines for governance that the State is expected to apply in framing and passing laws.
* The Fundamental Duties are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India. These duties-set out in Part IV-A of the constitution-concern individuals and the nation.
*The development of constitutional rights in India was inspired by historical documents such as England’s Bill of Rights, the United States Bill of Rights and France’s Declaration of the Rights of Man.
*The task of developing a constitution for an independent India was undertaken by the Constituent Assembly of India, which composed of elected representatives under the presidency of Rajendra Prasad. The assembly appointed a constitution drafting committee headed by Bhimrao Ramji Ambedkar. The process was influenced by the adoption of the Universal Declaration of Human Rights by the U.N.
*The Fundamental Rights and Directive Principles were included in the final draft of the constitution promulgated on 26 November 1949, while the Fundamental Duties were later added to the constitution by the 42nd Amendment Act in 1976.
FUNDAMENTAL RIGHTS IN INDIA :-
* The Fundamental Rights - embodied in Part III of the constitution - guarantee civil liberties such that all Indians can lead their lives in peace as citizens of India. The six fundamental rights are right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights and right to constitutional remedies.
* All people, irrespective of race, religion, caste or sex, have the right to approach the High Courts or the Supreme Court for the enforcement of their fundamental rights. It is not necessary that the aggrieved party has to be the one to do so. In public interest, anyone can initiate litigation in the court on their behalf. This is known as “Public interest litigation”. High Court and Supreme Court judges can also act on their own on the basis of media reports.
*The Fundamental Rights emphasise equality by guaranteeing to all citizens the access and use of public institutions and protections, irrespective of their background. The rights to life and personal liberty apply for persons of any nationality, while others, such as the freedom of speech and expression are applicable only to the citizens of India (including non-resident Indian citizens).
*The Fundamental Rights can only be altered by a constitutional amendment, hence their inclusion is a check not only on the executive branch, but also on the Parliament and state legislatures. The imposition of a state oL emergency may lead to a temporary suspension of the rights conferred by Article 19 (including freedoms of speech, assembly and movement, etc.) to preserve national security and public order. The President can, by order, suspend the right to constitutional remedies as well.)
PERSONAL RIGHTS :-
*The right to equality is one of the chief guarantees given in Articles 14, 15, 16, 17 and 18 of the constitution. It is the principal foundation of all other rights, guaranteeing equality of all citizens before law, social equality, equal access to public areas, equality in matters of public employment, the abolition of
untouchability and of titles. However, reservations (i.e, quotas in jobs, education, etc.) can be made for women, children, scheduled castes and scheduled tribes.
* The State cannot discriminate against anyone in the matters of employment except for the implementation of any mandated quotas, though exceptions can be made where specific knowledge is required. The right to equality in matters regarding public employment is not conferred to overseas citizens of India. The practise of untouchability has been declared an offence punishable by law. The State cannot confer any titles and the citizens of India cannot accept titles from a foreign State.
*The Right to freedom is stated in Articles 19, 20, 21 and 22 with the view of guaranteeing individual rights that were considered vital by the framers of the constitution. The right to freedom encompasses the freedom of expression, the freedom to assemble peacefully without arms, the freedom to form associations and unions, the freedom to move freely and settle in any part of the territory of India and the freedom to practise any profession. Restrictions can be imposed on all these rights in the interest of security, decency and morality.
* The Right to freedom of religion’ –covered in Articles 25, 26, 27 and 28-provides religious freedom to all citizens and preserves the principle of secularism in India. According to the constitution, all religions are equal before the State. Citizens are free to preach, practise and propagate any religion of their choice. Several distinct and often controversial practices, such as the wearing and carrying of kirpans is included in the profession of Sikhism and protected under law. Religious communities can set up charitable institutions of their own, subject to certain restrictions in the interest of public order, morality and health. No person can be compelled to pay taxes for the promotion of a religion and a State-run institution cannot impart education that is associated with a particular religion.
Economic and social rights :-
· The cultural and educational rights-given in Articles 29 and 30 – are measures to protect the rights of, ethnic and religious minorities. Any community that has a language and a script of its own has the right to conserve and develop them.
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