Table of Contents:

Introduction........................................................................................................... 1

1.1 Fundamental
Right......................................................................................... 1
1.1.1 Development And Origin Of Fundamental Rights In India.......................................... 2
1.2 Fundamental
Duties....................................................................................... 5
1.3
2
2.1

Relationship between the Fundamental Rights and Fundamental Duties 6

Fundamental Rights and Fundamental Duties in India.................................. 8
Fundamental rights under the Indian Constitution................................... 8

2.1.1 Right to
equality......................................................................................................................
.................. 9
2.1.2 Right to
Freedom.....................................................................................................................
.............. 12
2.1.3 Right to freedom of
Religion:........................................................................................................ 15
2.1.4 Freedom to manage religious affairs. - Article
26.......................................................... 17
2.2 Fundamental
Duties..................................................................................... 18
3
3.1

Enforceability of Fundamental Rights and Fundamental Duties................. 20

Enforceability of Fundamental Rights - Article 32................................... 20

3.1.1 Remedies for enforcement of rights conferred by this Part 3 of the Indian
Constitution
20
3.2 Enforceability of Fundamental
Duties....................................................... 24
4

Critical Analysis................................................................................................. 26

4.1 Scope Of Fundamental

Rights:................................................................... 26
4.2 Scope Of Fundamental
Duties:................................................................... 27
5

Conclusion........................................................................................................... 28

5.1 Fundamental
rights...................................................................................... 28
5.2 Fundamental
duties...................................................................................... 30
5.3 How to differentiate between fundamental duties and
fundamental rights
31
7 References.............................................................................................................. 33

7.1
Bibliography.............................................................................................
....... 33
7.2 Internet
Resources.......................................................................................... 3
4

1 Introduction
1.1

Fundamental Right

'Part III Fundamental Rights' is a charter of rights contained in the Constitution of India. It
guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of
India. These include individual rights common to most liberal democracies, such as equality before
law, freedom of speech and expression, and peaceful assembly, freedom to practice religion, and the
right to constitutional remedies for the protection of civil rights by means of writs such as habeas
corpus. Violation of these rights result in punishments as prescribed in the Indian Penal Code, subject
to discretion of the judiciary. The Fundamental Rights are defined as basic human freedoms, which
every Indian citizen has the right to enjoy for a proper and harmonious development of personality.
These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste, creed,
color or gender. Aliens (persons who are not citizens) are also considered in matters like equality
before law. They are enforceable by the courts, subject to certain restrictions. The Rights have their
origins in many sources, including England's Bill of Rights, the United States Bill of Rights and
France's Declaration of the Rights of Man.
The six fundamental rights recognised by the constitution are: [1]

Right to equality, including equality before law, prohibition of discrimination on grounds of religion,
race, caste, sex or place of birth, and equality of opportunity in matters of employment, abolition of
untouchability and abolition of titles.
Right to freedom which includes speech and expression, assembly, association or union or
cooperatives, movement, residence, and right to practice any profession or occupation (some of these
rights are subject to security of the State, friendly relations with foreign countries, public order,
decency or morality), right to life and liberty, right to education, protection in respect to conviction in
offences and protection against arrest and detention in certain cases.
Right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human
beings;
Right to freedom of religion, including freedom of conscience and free profession, practice, and
propagation of religion, freedom to manage religious affairs, freedom from certain taxes and freedom
from religious instructions in certain educational institutes.
Cultural and Educational rights preserving Right of any section of citizens to conserve their culture,
language or script, and right of minorities to establish and administer educational institutions of their
choice.
Right to constitutional remedies for enforcement of Fundamental Rights.

Right to property was originally a fundamental right, but is now a legal right.
Fundamental rights for Indians have also been aimed at overturning the inequalities of preindependence social practices. Specifically, they have also been used to abolish untouchability and
hence prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They also
forbid trafficking of human beings and forced labour. They also protect cultural and educational rights
of ethnic and religious minorities by allowing them to preserve their languages and also establish and
administer their own education institutions.

1.1.1 Development And Origin Of Fundamental Rights In India

The development of constitutionally guaranteed fundamental human rights in India was inspired by
historical examples such as England's Bill of Rights (1689), the United States Bill of Rights (approved
on 17 September 1787, final ratification on 15 December 1791) and France's Declaration of the Rights
of Man (created during the revolution of 1789, and ratified on 26 August 1789). [2] Under the
educational system of British Raj, students were exposed to ideas of democracy, human rights and
European political history. The Indian student community in England was further inspired by the
workings of parliamentary democracy and Britishers political parties. [3]
In 1919, the Rowlatt Act gave extensive powers to the British government and police, and allowed
indefinite arrest and detention of individuals, warrant-less searches and seizures, restrictions on public
gatherings, and intensive censorship of media and publications. The public opposition to this act
eventually led to mass campaigns of non-violent civil disobedience throughout the country demanding
guaranteed civil freedoms, and limitations on government power. Indians, who were seeking
independence and their own government, were particularly influenced by the independence of Ireland
and the development of the Irish constitution. Also, the directive principles of state policy in Irish
constitution were looked upon by the people of India as an inspiration for the independent India's
government to comprehensively tackle complex social and economic challenges across a vast, diverse
nation and population.
In 1928, the Nehru Commission composing of representatives of Indian political parties proposed
constitutional reforms for India that apart from calling for dominion status for India and elections
under universal suffrage, would guarantee rights deemed fundamental, representation for religious and
ethnic minorities, and limit the powers of the government. In 1931, the Indian National Congress (the
largest Indian political party of the time) adopted resolutions committing itself to the defence of
fundamental civil rights, as well as socio-economic rights such as the minimum wage and the
abolition of untouchability and serfdom. [4] Committing themselves to socialism in 1936, the Congress
leaders took examples from the constitution of the erstwhile USSR, which inspired the fundamental
duties of citizens as a means of collective patriotic responsibility for national interests and challenges.

Task of developing a constitution for the Constituent Assembly of India, composing of, undertook the
nation elected representatives. Constituent Assembly first met on December 9, 1946 under the
presidency of Dr. Sachidanand later Dr. Rajendra Prasad was made its President. While members of
Congress composed of a large majority, Congress leaders appointed persons from diverse political
backgrounds to responsibilities of developing the constitution and national laws. [5]Notably, Bhimrao
Ramji Ambedkar became the chairperson of the drafting committee, while Jawaharlal Nehru and
Sardar Vallabhbhai Patel became chairpersons of committees and sub-committees responsible for
different subjects. A notable development during that period having significant effect on the Indian
constitution took place on 10 December 1948 when the United Nations General Assembly adopted the
Universal Declaration of Human Rights and called upon all member states to adopt these rights in
their respective constitutions.
The fundamental rights were included in the First Draft Constitution (February 1948), the Second
Draft Constitution (17 October 1948) and final Third Draft Constitution (26 November 1949)
prepared by the Drafting Committee.
The fundamental rights have been revised for many reasons. Political groups have demanded that the
right to work, the right to economic assistance in case of unemployment, old age, and similar rights be
enshrined as constitutional guarantees to address issues of poverty and economic insecurity, [6] though
these provisions have been enshrined in the Directive Principles of state policy. [7] The right to freedom
and personal liberty has a number of limiting clauses, and thus have been criticised for failing to
check the sanctioning of powers often deemed "excessive". [8] There is also the provision of preventive
detention and suspension of fundamental rights in times of Emergency. The provisions of acts like the
Maintenance of Internal Security Act (MISA) and the National Security Act (NSA) are a means of
countering the fundamental rights, because they sanction excessive powers with the aim of fighting
internal and cross-border terrorism and political violence, without safeguards for civil rights. [9] The
phrases "security of State", "public order" and "morality" are of wide implication. People of alternate
sexuality are criminalized in India with prison term up to 10 years. The meaning of phrases like
"reasonable restrictions" and "the interest of public order" have not been explicitly stated in the
constitution, and this ambiguity leads to unnecessary litigation. [10] The freedom to assemble peaceably
and without arms is exercised, but in some cases, the police through the use of non-fatal methods
break up these meetings.
"Freedom of press" has not been included in the right to freedom, which is necessary for formulating
public opinion and to make freedom of expression more legitimate. [11] Employment of child labour in
hazardous job environments has been reduced, but their employment even in non-hazardous jobs,
including their prevalent employment as domestic help violates the spirit and ideals of the
constitution. More than 16.5 million children are employed and working in India. [12] India was ranked
88 out of 159 in 2005, according to the degree to which corruption is perceived to exist among public
officials and politicians worldwide. [13] The right to equality in matters regarding public employment
shall not be conferred to overseas citizens of India, according to the Citizenship (Amendment) Bill,
2003.[14]

1.2

Fundamental Duties

The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976,
upon the recommendations of the Swaran Singh Committee that was constituted by the government
earlier that year.[15] [16] Originally ten in number, the Fundamental Duties were increased to eleven by
the 86th Amendment in 2002, which added a duty on every parent or guardian to ensure that their
child or ward was provided opportunities for education between the ages of six and fourteen years.
[17]
The other Fundamental Duties obligate all citizens to respect the national symbols of India,
including the Constitution, to cherish its heritage, preserve its composite culture and assist in its
defense. They also obligate all Indians to promote the spirit of common brotherhood, protect the
environment and public property, develop scientific temper, abjure violence, and strive towards
excellence in all spheres of life. [18] Citizens are morally obligated by the Constitution to perform these
duties. However, like the Directive Principles, these are non-justifiable, without any legal sanction in
case of their violation or non-compliance. [19] [20]There is reference to such duties in international
instruments such as the Universal Declaration of Human Rights and International Covenant on Civil
and Political Rights, and Article 51A brings the Indian Constitution into conformity with these
treaties.[21]

1.3

Relationship between the Fundamental Rights and Fundamental Duties

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 31.
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. [22] The Fundamental Rights and Directive Principles
have also been used together in forming the basis of legislation for social welfare. [23] The Supreme
Court, after the judgment 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.
[24]
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. [25] 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.[26] 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.[27]

2.1

Fundamental Rights and Fundamental Duties in India

Fundamental rights under the Indian Constitution

The constitution of India seeks to secure the liberty of thought, expression, belief and faith of the
people of the country and also give equality of status and of opportunity, and dignity of individual.
With this object fundamental rights are introduced.[28]

The Constitution guarantees elaborate Fundamental Rights to Indian citizens; these are contained in
Part III of the Constitution. The Fundamental Rights embodied in the Indian constitution acts as a
guarantee that all Indian citizens can and will lead their lifes in peace as long as they live in Indian
democracy. These civil liberties take precedence over any other law of the land. They include
individual rights common to most liberal democracies, such as equality before the law, freedom of
speech and expression, freedom of association and peaceful assembly, freedom of religion, and the
right to constitutional remedies for the protection of civil rights such as habeas corpus.

In addition, the Fundamental Rights for Indians are aimed at overturning the inequities of past social
practices. They have also been used to in successfully abolishing the "untouchability"; prohibit
discrimination on the grounds of religion, race, caste, sex, or place of birth; and forbid trafficking in
human beings and also the forced labor. They go beyond conventional civil liberties in protecting
cultural and educational rights of minorities by ensuring that minorities may preserve their distinctive
languages and establish and administer their own education institutions.

Originally, the constitution provided for seven Fundamental Rights:1.

2.
3.
4.
5.
6.
7.

Right to equality (Art. 14- 18)

Right to Freedom (Art. 19-22)
Right against exploitation (Art. 23-24)
Right to freedom of religion (Art. 25-28)
Cultural and educational rights (Art. 29-30)
Right to property (Article 31)
Right to constitutional remedies (Article 32).

But, Right to property was deleted from the list of Fundamental Rights by the 44 th Amendment act,
1978. It is made a legal right under Article-300A in part XII of the Constitution. So now there is only
six Rights in part III of the Constitution.[29]

2.1.1 Right to equality

Article 14 to 18 of the Constitution deal with equality and its various facets. The general principle
finds expression in article 14. Article 14 says that the state shall not deny to any person equality
before the law or equal protection of the laws within the territory of India. The expression equality
before the law is a declaration of equality of all persons within the territory of Indi, implying thereby
the absence of any special privilege in favor of any individual. Every person whatever is his rank is
subject to the jurisdiction of the ordinary courts. The second expression equal protection of the laws
based on the last clause of the first section of fourteenth Amendment of American Constitution that
equal protection shall be secured by all the person of the country.[30]
Both the phrases aim to establish what is called the "equality to status and of opportunity" as
embodied in the Preamble of the Constitution. While equality before the law is a somewhat negative
concept implying the absence of any special privilege in favour of any individual and the equal
subjection of all classes to the ordinary law, equal protection of laws is a more positive concept
employing equality of treatment under equal circumstances. [31]
The right to equality is provided in articles 14, 15, 16, 17 and 18. It includes equality before law
without any discrimination (Art. 14), establishment of social equality (Art. 15), equality of
opportunity in matters of public employment (Art. 16), abolition of untouchability (Art 17) and
abolition of titles (Art. 18) to reduce disparity between the people. [32]

Interpreting the scope of the Article, the Supreme Court of India held in Charanjit Lal Choudhury vs.
The Union of Indiathat:

a.
b.
c.
d.

Equal protection means equal protection under equal circumstances;

The state can make reasonable classification for purposes of legislation;
Presumption of reasonableness is in favour of legislation;
The burden of proof is on those who challenge the legislation. [33]
The Supreme Court in National council for Teacher Education versus Shri Shyam Shiksha
Parshikhshan Sansthan has re-iterated the Concept of 'Right to Equality' as enshrined in our

Constitution. The Supreme Court has re-iterated that the Constitution doesn't allow class legislation
but permits reasonable classification, based upon an 'intelligible differentia'. The relevant extracts
from the aforesaid judgment are reproduced herein below;

Article 14 forbids class legislation but permits reasonable classification provided that it is founded on
an intelligible differentia which distinguishes persons or things that are grouped together from those
that are left out of the group and the differentia has a rational nexus to the object sought to be
achieved by the legislation in question.[34]

In its struggle for social and political freedom mankind has always tried to move towards the ideal of
equality for all. The urge for equality and liberty has been the motive force of many revolutions. The
charter of the United Nations records the determination of the member nations to reaffirm their faith
in the equal rights of men and women.

Indeed, real and effective democracy cannot be achieved unless equality in all spheres is realized in a
full measure. However, complete equality among men and women in all spheres of life is a distant
ideal to be realized only by the march of humanity along the long and difficult path of economic,
social and political progress.

The Constitution and laws of a country can at best assure to its citizens only a limited measure of
equality. The framers of the Indian Constitution were fully conscious of this. This is why while they
gave political and legal equality the status of a fundamental right, economic and social equality was
largely left within the scope of Directive Principles of State Policy.

The Right to Equality affords protection not only against discriminatory laws passed by legislatures
but also prevents arbitrary discretion being vested in the executive. In the modern State, the executive
is armed with vast powers, in the matter of enforcing by-laws, rules and regulations as well as in the
performance of a number of other functions.

The equality clause prevents such power being exercised in a discriminatory manner. For example, the
issue of licenses regulating various trades and business activities cannot be left to the unqualified
discretion of the licensing authority. The law regulating such activities should lay down the principles
under which the licensing authority has to act in the grant of these licenses.
Article 14 prevents discriminatory practices only by the State and not by individuals. [35]

2.1.2 Right to Freedom

Article 19 to 22 of the Constitution deal with the right to Freedom. This right includes the following
six freedom of citizen of the country:

a) Freedom of speech and expression: It needs not to be mentioned as to how important the freedom of
speech and expression in democracy is. A democratic government attaches a great importance to this
freedom, because without freedom of speech and expression the basis of democracy cannot be made.

b) Assemble peaceably and without arms: This is the next right of citizen to assemble peacefully and
without arms. Calling an assembly and putting ones views before it is also intermixed with the right
to speech and expression discussed above.

c) Form association or unions: The freedom of association includes freedom to hold meeting and takeout
processions without arms. Right to form association for unions is also guaranteed so that people are
free to have the members entertaining similar views. This right is also subject to some restriction:
Sovereignty and integrity of India, public order and morality.

d) Move freely, throughout the territory of India: This right is given under article 19(1)(d). There is also
some restriction fall on this right: interest of the general public and interest of any Scheduled Tribe.

e) Reside and settle in any part of the territory of India: This right says that the citizen of India has the
right to reside in any part within the territory of India.

f) Practice any profession or to carry on any occupation, trade or business. [36]

Articles 20, 21 and 22 provide personal liberty to Indian citizens as well as foreigners residing in the
country. Article 20 lays down that no person can be convicted unless he had violated a law, cannot be
subjected to a penalty greater than that which was prescribed under law and a convict can be punished
for a crime only once and cannot be compelled to be a witness against himself.

Article 21 lays down protection of life, and, personal liberty. It includes personal liberty implying
protection against physical torture, confinement and imprisonment. Article 22 talks about protection
against arrest and detention. The person arrested should be informed of the grounds of arrest. He shall
have the right to consult and to be defended by a legal practitioner, to be produced before the nearest
magistrate within twenty four hours and no person should be detained in custody beyond 24 hours
without the permission of Magistrate.[37]

In famous case A.K Gopalan vs. State of Madras in 1950, the Supreme Court held that protection
under Article 21 is available only against arbitrary executive action and not from arbitrary legislative
action.[38]

Prabhu Datt vs Union of India SC AIR 1982: SC held that right to know news and information
about the functioning of the govt. is included in the freedom of press.
Union of India vs Association for Democratic Reforms SC AIR 2002: SC held that people have
right to know about the candidate before voting. Thus, the law preventing the Election Commission
from asking for a candidates wealth, assets, liabilities, education and other such information, is
invalid.

Secretary, Ministry of I & B vs. Cricket Association of Bengal SC AIR 1995: In this historic
judgment, SC has held that one has the right to publicize his expression as well. A game of cricket is
an expression and the organizers have a right to propagate it everywhere in the world. So Doordarshan
must provide its up linking facilities to CAB for transmitting the signals out of country. Art 19 (2)
does not allow restrictions on 19 (1) (a) on the grounds of creating monopoly of the govt.
Every human desires to do many things. However, in a civil society such desires must be curbed to
certain extent in respect of similar desires of other human beings. Thus, no right is an absolute right.
Art 19 (2) says that nothing in Art 19 (1) (a) shall affect the operation of any law or prevent the state
from making any law, in so far as such law imposes reasonable restrictions on exercise of the right
conferred by the said clause in the interest of

Sovereignty and integrity of the country.

Security of the state

Friendly relations with foreign states.

Public order

Decency and morality

Defamation

Contempt of court

Incitement of an offence.

In the original version of this article several grounds such as public order, friendly relations with
foreign states, incitement of an offences were not there. After the historic judgment in the case
of Romesh Thaper vs State of Madras SC AIR 1950, these grounds were added. In that case,
Madras Govt. prevented the entry an circulation of the new paper 'Cross Roads' published by Romesh
Thaper, in the state of Madras. It argued that the circulation of the paper affects public safety.
However, SC held that the public safety falls outside the scope of 19 (2) and thus the govt action was
invalid.

Test of reasonable restriction

1.

It is the courts and not the legislature that will decide whether a law is reasonable or not.

2.

Reasonable means that the law is not arbitrary and the restriction is not beyond what is
required in public interest. The time and duration of the restriction cannot be unlimited.

3.

There is no fixed standard for reasonableness. Each case must be decided on its own merits.

4.

The restriction must be reasonable from substantiate as well as procedural standpoint.

5.

Restrictions imposed due to implementation of Directive Principles may deemed to be

reasonable.

6.

The test of reasonability must be objective in the sense that it does not matter what a Judge or
Court thinks what is reasonable but what a normal reasonable person would think. [39]

2.1.3 Right against Exploitation:

Article 23: The details of Prohibition of traffic in human beings and forced labor are presented in this
Article

Article 24: The Article contains Prohibition of employment of children in factories, etc.

In the landmark case of M.C. Mehta vs. State of Tamil Nadu, 1997 the SC has given certain
directions regarding the manner in which the children working in the hazardous occupation are to be
withdrawn from work and rehabilitated, and the manner in which the working conditions of children
working in non- hazardous occupations are to be regulated and improved. It envisaged a policy of
gradual rescue and withdrawal of children to eradicate child labor.[40]

2.1.3 Right to freedom of Religion:

With Article 25 begins a group of provisions ensuring equality of all religions thereby promoting
secularism. Article 25 gives the entire person the following right:

a) Freedom of conscience, and

b) The right freely to profess practice and propagate religion.

The Supreme Court in State of Karnataka Vs Dr. Praveen Bhai Thogadia, (2004) held that
secularism means that State should have no religion of its own and each person must get an assurance
from the state that he has the protection of law to freely profess, practice and propagate his religion
and freedom of conscience. This right not only limited to the citizen but to all person including aliens
and individuals exercising their rights individually or through Institution. [41]
In Jehovahs Witnesss case, in 1986, a two judge bench of SC ruled in Bijoe Emmanuel v State Of
Kerala, that Jehovahs witnesses constitute a religious denomination. Compelling a student belonging
to the Jehovahs Witnesses to join in the singing of National Anthem despite his genuine,
conscientious religious objection, would contravene the rights guaranteed by Articles 19(1) (a) and
25(1). The court noted that Jehovahs Witnesses wherever they are do not sing the National Anthem,
though they show respect to it whenever it is sung.
Article 25(2)(b) provides for two ideas-

1.

Measures of social reform are permissible and would not be void on the ground of interfering
with the freedom of religion. Thus the Hindu Marriage Act, which introduces the principle of
monogamy, does not amount to interfering with the religion and is a law providing for social reform
and social welfare.

In Krishna Singh vs. Mathura Ahir, the SC has said that Fundamental Rights do not touch upon the
personal laws of the parties. Art. 25 thus involves a separation between religious activities, on one
hand, secular and social activities, on other.
Under Art. 25((2), religious freedom is subject to laws for social reform and social order.

2.

The state can throw open the Hindu religious institutions of public character to all sections of
society.
Art. 25(b) enables the state to take steps to remove the scourge of untouchability from the Hindus.
The word public here includes any section of the public. It protects the right to enter into a temple for
purposes of worship.[42]

2.1.4 Freedom to manage religious affairs. - Article 26

Subject to public order, morality and health, every religious denomination or any section thereof shall
have the right-

a.
b.
c.
d.

to establish and maintain institutions for religious and charitable purposes;

to manage its own affairs in matters of religion;
to own and acquire movable and immovable property; and
to administer such property in accordance with law.[43]

The accepted definition of a "denomination" is" A collection of individuals classed together under the
same name: a religious sect or body having a common faith and organization and designated by a
common name". Thus a denomination is a cohesive body cemented by the essentials of its common
creed.[44]
Under Article 26(b) a religious denomination or organisation is free to manage its own affairs in
MATTERS OF RELIGION. The State cannot interfere in the exercise of this unless they run counter
to public health and morality. The right is, it is to be noted, confined to matters of religion. The term
matters of religion includes religious practices, rites and ceremonies considered essential for the
practice of religion.

In Bira Kishore Dev vs. State of Orissa, the Shri Jagannath temple Act took the management of
secular activities from the Raja of Puri and vested it in committee constituted under the act. The Court
held the act to be valid as it didnt infringe religious aspect.

In respect of Article 26 (C) and 26 (d), a religious denomination has the right to acquire and own
property and administer such property in accordance with law. In Rati Lal vs. Stae of Bombay, a law
which took away the right of administration altogether from a religious denomination was considered
to be violative of right guaranteed by art. 26 (D). [45]

Article 27: Freedom as to payment of taxes for promotion of any particular religion is stated in the
Article.[46]

Article 28: This Article includes freedom as to attendance at religious instruction or religious worship
in certain education institutions.

Article 30: Right of minorities to establish and administer educational institutions is scripted

Article 32:- : Remedies for enforcement of rights conferred by this part have been included in the
Article; aggrieved party can directly go to Supreme Court for their violation of the Fundamental
Rights.

2.2

Fundamental Duties
Fundamental Duties of citizens serve a useful purpose. In particular, no democratic polity can ever
succeed where the citizens are not willing to be active participants in the process of governance by
assuming responsibilities and discharging citizenship duties and coming forward to give their best to
the country.
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 in part IV-A of the Constitution, concern
individuals and the nation. They are not legally enforceable. They are held by the Supreme Court to
be obligatory for all citizens.
The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976,
upon the recommendations of the Swaran Singh Committee that was constituted by the Government

of India earlier that year to study the question of amending the Constitution. The recommendations
were passed in 1976 and came into effect on 3rd January, 1977. Originally ten in number, the
Fundamental Duties were increased to eleven by the 86th Amendment in 2002.

The exact duties of every citizen of India according to the Constitution are:

1.

to abide by the Constitution and respect its ideals and institutions, the National Flag and the
National Anthem;

2.

to cherish and follow the noble ideals which inspired our national struggle for freedom;

3.

to uphold and protect the sovereignty, unity and integrity of India;

4.

to defend the country and render national service when called upon to do so;

5.

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;

6.

to value and preserve the rich heritage of our composite culture;

7.

to protect and improve the natural environment including forests, lakes, rivers and wild life,
and to have compassion for living creatures;

8.

to develop the scientific temper, humanism and the spirit of inquiry and reform;

9.

to safeguard public property and to abjure violence;

10.

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;

11.

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 [47]

3.1

Enforceability of Fundamental Rights and Fundamental Duties

Enforceability of Fundamental Rights - Article 32

Article 32 of the Constitution of India guarantees the enforceability of fundamental rights for all the
citizens of India. Article 32 of the Indian Constitution states:-

3.1.1 Remedies for enforcement of rights conferred by this Part 3 of the Indian Constitution

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights
conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the
nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be
appropriate, for the enforcement of any of the Fundamental Rights.
(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament
may by law empower any other court to exercise within the local limits of its jurisdiction all or any of
the powers exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this
Constitution.[48]

The Writ Jurisdiction of Supreme Court can be invoked under Article 32 of the Constitution for the
violation of fundamental rights guaranteed under Part III of the Constitution. Any provision in any
Constitution for Fundamental Rights is meaningless unless there are adequate safeguards to ensure
enforcement of such provisions. Since the reality of such rights is tested only through the judiciary,
the safeguards assume even more importance. In addition, enforcement also depends upon the degree
of independence of the Judiciary and the availability of relevant instruments with the executive
authority. Indian Constitution, like most of Western Constitutions, lays down certain provisions to
ensure the enforcement of Fundamental Rights.These are as under:
(a) The Fundamental Rights provided in the Indian Constitution are guaranteed against any executive
and legislative actions. Any executive or legislative action, which infringes upon the Fundamental
Rights of any person or any group of persons, can be declared as void by the Courts under Article 13
of the Constitution.
(b) In addition, the Judiciary has the power to issue the prerogative writs. These are the extra-ordinary
remedies provided to the citizens to get their rights enforced against any authority in the State. These

writs are - Habeas corpus, Mandamus, Prohibition, Certiorari and Quo-warranto. Both, High Courts as
well as the Supreme Court may issue the writs.
(c) The Fundamental Rights provided to the citizens by the Constitution cannot be suspended by the
State, except during the period of emergency, as laid down in Article 359 of the Constitution. A
Fundamental Right may also be enforced by way of normal legal procedures including a declaratory
suit or by way of defence to legal proceedings.
However, Article 32 is referred to as the "Constitutional Remedy" for enforcement of Fundamental
Rights. This provision itself has been included in the Fundamental Rights and hence it cannot be
denied to any person. Dr. B.R.Ambedkar described Article 32 as the most important one, without
which the Constitution would be reduced to nullity. It is also referred to as the heart and soul of the
Constitution. By including Article 32 in the Fundamental Rights, the Supreme Court has been made
the protector and guarantor of these Rights. An application made under Article 32 of the Constitution
before the Supreme Court, cannot be refused on technical grounds. [49] In addition to the prescribed
five types of writs, the Supreme Court may pass any other appropriate order. Moreover, only the
questions pertaining to the Fundamental Rights can be determined in proceedings against Article 32.
Under Article 32, the Supreme Court may issue a Writ against any person or government within the
territory of India. Where the infringement of a Fundamental Right has been established, the Supreme
Court cannot refuse relief on the ground that the aggrieved person may have remedy before some
other court or under the ordinary law.
The relief can also not be denied on the ground that the disputed facts have to be investigated or some
evidence has to be collected. Even if an aggrieved person has not asked for a particular Writ, the
Supreme Court, after considering the facts and circumstances, may grant the appropriate Writ and
may even modify it to suit the exigencies of the case. Normally, only the aggrieved person is allowed
to move the Court.[50] But it has been held by the Supreme Court that in social or public interest
matters, any one may move the Court. A Public Interest Litigation can be filed before the Supreme
Court under Article 32 of the Constitution or before the High Court of a State under Article 226 of the
Constitution under their respective Writ Jurisdictions. There are mainly five types of Writs
(i)

Writ of Habeaus Corpus,

(ii)

Writ of Mandamus,

(iii)

Writ of Quo-Warranto,

(iv)

Writ of Prohibition, and

(v)

Writ of Certiorari.

1. Writ of Habeas Corpus:

It is the most valuable writ for personal liberty. Habeas Corpus means, "Let us have the body." A
person, when arrested, can move the Court for the issue of Habeas Corpus. It is an order by a Court to
the detaining authority to produce the arrested person before it so that it may examine whether the
person has been detained lawfully or otherwise. If the Court is convinced that the person is illegally
detained, it can issue orders for his release
2. The Writ of Mandamus:
Mandamus is a Latin word, which means "We Command". Mandamus is an order from a superior
court to a lower court or tribunal or public authority to perform an act, which falls within its duty. It is
issued to secure the performance of public duties and to enforce private rights withheld by the public
authorities. Simply, it is a writ issued to a public official to do a thing which is a part of his official
duty, but, which, he has failed to do, so far. This writ cannot be claimed as a matter of right. It is the
discretionary power of a court to issue such writs.
3. The Writ of Quo-Warranto:
The word Quo-Warranto literally means "by what warrants?" It is a writ issued with a view to
restraining a person from acting in a public office to which he is not entitled. The Writ of quowarranto is used to prevent illegal assumption of any public office or usurpation of any public office
by anybody. For example, a person of 62 years has been appointed to fill a public office whereas the
retirement age is 60 years. Now, the appropriate High Court has a right to issue a Writ of quowarranto against the person and declare the office vacant.
4. The Writ of Prohibition:
Writ of prohibition means to forbid or to stop and it is popularly known as 'Stay Order'. This Writ is
issued when a lower court or a body tries to transgress the limits or powers vested in it. It is a Writ
issued by a superior court to lower court or a tribunal forbidding it to perform an act outside its
jurisdiction. After the issue of this Writ proceedings in the lower court etc. come to a stop. The Writ of
prohibition is issued by any High Court or the Supreme Court to any inferior court, prohibiting the
latter to continue proceedings in a particular case, where it has no legal jurisdiction of trial. While the
Writ of mandamus commands doing of particular thing, the Writ of prohibition is essentially
addressed to a subordinate court commanding inactivity. Writ of prohibition is, thus, not available
against a public officer not vested with judicial or quasi-judicial powers. The Supreme Court can issue
this Writ only where a fundamental right is affected.
5. The Writ of Certiorari:
Literally, Certiorari means to be certified. The Writ of Certiorari is issued by the Supreme Court to
some inferior court or tribunal to transfer the matter to it or to some other superior authority for proper

consideration. The Writ of Certiorari can be issued by the Supreme Court or any High Court for
quashing the order already passed by an inferior court. In other words, while the prohibition is
available at the earlier stage, Certiorari is available on similar grounds at a later stage. It can also be
said that the Writ of prohibition is available during the tendency of proceedings before a sub-ordinate
court, Certiorari can be resorted to only after the order or decision has been announced. There are
several conditions necessary for the issue of Writ of Certiorari, which are as under:
(a) There should be court, tribunal or an officer having legal authority to determine the question of
deciding fundamental rights with a duty to act judicially.
(b) Such a court, tribunal or officer must have passed order acting without jurisdiction or in excess of
the judicial authority vested by law in such court, tribunal or law. The order could also be against the
principle of natural justice or it could contain an error of judgment in appreciating the facts of the
case.[51]

3.2

Enforceability of Fundamental Duties

The Fundamental Duties are not enforceable in any court of law unlike the Fundamental Rights which
are protected by the judiciary in view of infringement by executive or governmental action. The
Fundamental Duties impose obligation on the citizen to observe a certain code of conduct which helps
in the progress and development of the society and the nation. The Fundamental Duties were
introduced into the Constitution by the 42 nd Amendment Act, 1976 by the Indira Gandhi government.
Their main function was to put national interests over individual interests. Over the years, several
questions have been raised over the enforceability of the Fundamental Duties. However, it has been
held that Fundamental Duties are not enforceable in India.

These are the Fundamental Duties according to the Constitution of India. In the recent years, the
Supreme Court has suggested the Government to draft a law to enforce Fundamental Duties. The
Government is yet to take up this suggestion but such a move will surely go a long way in helping
India to become a better nation.[52]

Critical Analysis

Indian Constitution was written after a though analysis of existing constitution of the world. The
framers of the constitution have incorporated the good things from all the places. As such it is more
fair and consistent than religious books. It is for the foresight of the framers of the constitution that
the country is integrated and has progressed. While the framers had thought about a lot of things, the
one thing that they probably missed was the safeguard against the degrading morality of politicians. [53]

4.1

Scope Of Fundamental Rights:

Fundamental Rights are those rights and freedoms of the people of India, which enjoy constitutional
recognition and guarantee. The Supreme Court of India and State High Courts have the power to
enforce Fundamental Rights. Supreme court is the guardian protector of fundamental rights.

Technically speaking, the rights specified in Part III (Art 12 to 35) of the constitution are the
fundamental rights available to the citizens of India. In the case of Menaka Gandhi vs Union of India
AIR 1978, J. Bhagvati has said that these rights represent the values that are cherished by the people
of this country since the vedic ages and are calculated to protect the dignity of individual and to create
conditions in which every human being is able to develop his personality to the fullest. These rights
are necessary for a human being for attaining full social, intellectual, and spiritual status. [54]

SC in A K Gopalan vs State of Madras AIR 1950 had held that the various rights given under part III
talk about different things and are not be interlinked. The SC in Menaka Gandhi vs. Union of India
AIR 1978 case, however, has rightly rejected this view. In this case, J Bhagvati said that the role of
SC should be to interpret these rights in the widest possible manner and it should not attenuate these
rights by being confined to their narrow definition. All these rights are not mutually exclusive and
form an integrated theme of the constitution. J Beg said that their waters must mix to form a grand
flow of unimpeded and impartial justice. Thus, any law that takes away the life or liberty of a person
must also satisfy the test of reasonableness under art. 14.
Article 32 of the Constitution provides a guaranteed remedy for the enforcement of Fundamental
Rights. The remedy is in the form of specific writs mentioned in the Article or any other appropriate
order by the Supreme Court. A writ is a written court order by which one is summoned or required to
do something. The writs mentioned in the Constitution have a long history in British
constitution [55]law and are, therefore, understood with precise meaning and importance.
The writs mentioned in the Constitution are the following:

(1)
(2)
(3)
(4)
(5)

4.2

Writ of Habeas Corpus,

Writ of Mandamus,
Writ of Certiorari,
Writ of Prohibition, and
Writ of Quo Warranto.

Scope Of Fundamental Duties:

Fundamental duties in India are guaranteed by the Indian Constitution in Part 4 A in Article 51 A.
These fundamental duties are recognized as the moral obligations that actually help in upholding the
spirit of nationalism as well as to support the harmony of the nation, as well as of the citizens. These
duties are designed concerning the individuals and the nation. However, these fundamental duties are
not legally enforceable. Furthermore, the citizens are morally obligated by the Constition to perform
these duties. Fundamental Duties were added by the 42nd Amendment Act in 1976.[56]

5.1

Conclusion

Fundamental rights

Fundamental rights are those rights which are essential for the well being of a person. Part III of the
Indian Constitution contains the list of Fundamental Rights; that guarantees civil liberties to all the
citizens of India to live in peace and harmony without the fear of being suppressed by others. The
Indian Judiciary has the discretion to punish those violating these fundamental rights under the
provisions of the Indian Penal Code. No person can be deprived these rights pertaining to basic liberty
in the form of human freedoms. It is the judiciary that safeguards these rights of the citizens. In some
exceptional cases, i.e. during emergencies the State can impose restrictions on the enjoyment of these
fundamental rights.
The Constitution provides for the enjoyment of 6 Fundamental rights. They are:

Right to Equality (under Article 14 Article 18)

Right to Freedom (under Article 19 Article 22)
Right against exploitation (under Article 23 Article 24)
Right to Freedom of Religion (under Article 25 Article 28)

 Cultural and Educational rights (under Article 29 Article 30)

Right to Constitutional remedies (Article 32)[57].

Article 45 of the DPSP, which corresponds to article 13(1) of the ICESCR, states, The State shall
endeavour to provide, within a period of ten years from the commencement of this Constitution, for
free and compulsory education for all children until they complete the age of fourteen years. Thus,
while the right of a child not to be employed in hazardous industries was, by virtue of article 24,
recognized to be a fundamental right, the childs right to education was put into the DPSP in part IV
and deferred for a period of ten years.
The question whether the right to education was a fundamental right and enforceable as such was
answered by the Supreme Court in the affirmative in Mohini Jain v. State of Karnataka (1992) 3 SCC
666.. The correctness of this decision was examined by a larger bench of five judges in Unnikrishnan
J.P. v. State of Andhra Pradesh (1993) 1 SCC 645.The occasion was the challenge, by private medical
and engineering colleges, to state legislation regulating the charging of capitation fees from students
seeking admission. The college management was seeking enforcement of their right to business. The
court expressly denied this claim and proceeded to examine the nature of the right to education. The
court refused to accept the nonenforceablity of the DPSP. It asked:

It is noteworthy that among the several articles in Part IV, only Article 45 speaks of a time-limit; no
other article does. Is it a mere pious wish, even after 44 years of the Constitution? Can the State flout
the said direction even after 44 years on the ground that the article merely calls upon it to endeavour
to provide the same and on the further ground that the said article is not enforceable by virtue of the
declaration in Article 37. Does not the passage of 44 yearsmore than four times the period
stipulated in Article 45 convert the obligation created by the article into an enforceable right. In this
context, we feel constrained to say that allocation of available funds to different sectors of education
in India discloses an inversion of priorities indicated by the Constitution. The Constitution
contemplated a crash programme being undertaken by the State to achieve the goal set out in Article
45. It is relevant to notice that Article 45 does not speak of the limits of its economic capacity and
development as does Article 41, which inter alia speaks of right to education. What has actually
happened is more money is spent and more attention is directed to higher education than toand at
the cost ofprimary education. (By primary education, we mean the education which a normal child
receives by the time he completes 14 years of age.) Neglected more so are the rural sectors, and the
weaker sections of the society referred to in Article 46. We clarify, we are not seeking to lay down the
priorities for the Governmentwe are only emphasising the constitutional policy as disclosed by
Articles 45, 46 and 41. Surely the wisdom of these constitutional provisions is beyond question.

The court then proceeded to examine how this right would be enforceable and to what extent. It
clarified the issue thus: The right to education further means that a citizen has a right to call upon the

State to provide educational facilities to him within the limits of its economic capacity and
development. By saying so, we are not transferring Article 41 from Part IV to Part IIIwe are merely
relying upon Article 41 to illustrate the content of the right to education flowing from Article 21. We
cannot believe that any State would say that it need not provide education to its people even within
the limits of its economic capacity and development. It goes without saying that the limits of
economic capacity are, ordinarily speaking, matters within the subjective satisfaction of the State. [58]

5.2

Fundamental duties
Fundamental Duties are the ones that are recognized as moral obligations the citizens are expected to
perform. Article 51A under Part IV A of the Constitution of India speaks of the Fundamental duties.
One cannot enforce these fundamental duties legally. It was through the 42nd Amendment that these
duties were introduced in the Constitution.

There are 10 Fundamental duties that the citizens are expected to discharge. They are:
1. The citizens of India are expected to be abide by the Constitution and respect all its ideals. Likewise,
the citizens are expected to respect the National Flag and the National Anthem.

2. The noble ideals that inspired our freedom struggle have to be cherished and followed.

3. The sovereignty, unity and integrity of India needs to be upheld and protected.

4. Citizens should be ready to defend and render national service towards India.

5. The spirits of common brotherhood and harmony have to be promoted by all the citizens wherein they
need to transcend all forms of diversities pertaining to religion, language and region. All the practices
that are derogatory to the dignity of women have to be renounced.

6. India has a rich, varied and composite culture and one needs to preserve it.

7. Natural environment including the forests, lakes, rivers and wildlife are expected to be preserved by
the citizens.

8. People of India are expected to develop within themselves humanism, scientific temperament, and
spirits of inquiry and reform.

9. Public property is expected to be safeguarded and violence needs to be avoided.

10. People are expected to strive for the excellence of all the individuals and collective activities to help in
the development of the country.[59]

5.3

How to differentiate between fundamental duties and fundamental rights

Fundamental rights and Fundamental duties are two terms that appear to be one and the same when it
comes to their meaning and concept. Strictly speaking they are not so. They are two different terms
that are to be understood differently.
Fundamental rights are rights and freedoms guaranteed by constitutions of some countries of the
world to their citizens. These rights have a legal sanction and are enforceable in a court of law. On the
other hand fundamental duty is the basic duty or responsibility bestowed on you as a citizen of the
country. This is the most important difference between fundamental right and fundamental duty.[60]
A fundamental right exists by virtue of the fact that you are a human being whereas a fundamental
duty too exists as a responsibility on you as a human being. Hence the primary difference between
fundamental right and fundamental duty is that fundamental right is based on privilege granted to you
whereas fundamental duty is based on accountability.
Any citizen for that matter is expected to carry out fundamental duties fully well so that the society as
a whole will be benefited. On the other hand any citizen for that matter can make full use of his
fundamental rights pertaining to right to life, freedom of speech and writing, etc. It is interesting to
note that freedom of speech is a fundamental right granted to a citizen by some of the democratic
countries across the globe. Hence it is up to the individual to make use of the fundamental right
granted to him.
Fundamental duties of every citizen include basic education, nurturing of children, social
responsibility, official responsibility, payment of taxes, adherence to traffic rules and regulations and
the like. Evasion of fundamental duties leads a citizen to problems. Abuse of fundamental right also
leads a citizen to unwanted problems. These are the differences between fundamental right and
fundamental duty.[61]

7 References

7.1 Bibliography
1. Aron Silver. Difference Between Fundamental Rights and Fundamental Duties.
2. Austin, Granville. The Indian Constitution: Cornerstone of a Nation. New Delhi: Oxford University Press, 1999.
3. Konvitz, Milton R. Fundamental Rights: History of a Constitutional Doctrine. transaction publishers, 1 Aug
2009.
4. B.B. TAyal & A. Jacob (2005), Indian History, World Developments and Civics
5. Rajmohan Gandhi. Patel: A Life.
6. UNI. "Sardar Patel was the real architect of the Constitution".
7. Durga Das Basu (1993). Introduction to the Constitution of India (15th ed.). New Delhi: Prentice Hall of
India.
8. Austin, Granville (1999). The Indian Constitution: Cornerstone of a Nation. New Delhi: Oxford University
Press.
9. Krishna Paul. Fundamental Rights in the Indian Constitution.
10. Bhadouria. Jai. Fundamental rights in the Indian Constitution.
11. Kumar, Arvind. Essay on right to Equality under the Indian Constitution.
12. Kathjoo, Riyaz. Fundamental Rights.
13. M.P. Jain. Indian Constitutional Law. Lexis Nexis Butterworths Wadhwa. Nagpur. 2008.
14. Seervai, H.M. Religiou Freedom under our Constitution and social reform.
15. Pandey, J.N. The Constitutional Law of India. Central Law Agency. Allahabad. 2012.
16. Austin, Granville. The Indian Constitution: Cornerstone of a Nation. New Delhi: Oxford University Press, 1999.
17. Silver, Aron. Difference Between Fundamental Rights and Fundamental Duties.

7.2 Internet Resources

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.

http://web.archive.org/web/20060425230738/http://rajyasabha.nic.in/legislative/amendbills/XXXIX_2003.pdf
http://indiacode.nic.in/coiweb/amend/amend86.htm
http://www.lawyersclubindia.com
http://www.gyancentral.com
http://www.ias.org.in
http://www.preservearticles.com
http://www.greenvalleykashmir.com
http://www.legalblog.in
http://hanumant.com
http://www.advocatekhoj.com
http://www.netapedia.in/resources/fundamentalduties.php
http://www.timesofindia.com
http://hanumant.com/FundamentalRights.html/
http://www.kish.in/fundamental_rights_of_india/
http://www.legalservicesindia.com/article/article/position-of-fundamental-rights-during-emergency-589-1.html/
http://www.indianetzone.com/40/fundamental_duties.html /

[1]

Constitution of India-Part III Fundamental Rights.

B.B. Ayal & A. Jacob (2005), Indian History, World Developments and Civics, pg. A-23
[3]
ibid.
[4]
Rajmohan Gandhi. Patel: A Life. p. 206.
[5]
UNI. "Sardar Patel was the real architect of the Constitution". Retrieved
from http://www.rediff.com/freedom/22patel.html on 2nd april, 2013.
[6]
B.B. Tayal & Jacob, A. (2005), Indian History, World Developments and Civics, pg. A-33
[7]
retrieved from http://en.wikisource.org/wiki/Constitution_of_India/Part_IV on 2nd april, 2013.
[8]
B.B. Tayal & Jacob, A. (2005), Indian History, World Developments and Civics, pg. A-33
[9]
B.B. Tayal & Jacob, A. (2005), Indian History, World Developments and Civics, pg. A-33
[10]
ibid.
[11]
B.B. Tayal & Jacob, A. (2005), Indian History, World Developments and Civics, pg. A-33
[12]
Child labour in India. Retrieved from Child labour in India on 2nd april, 2013.
[13]
Index of perception of corruption, published by Transparency International.
[14]
"Citizenship (Amendment) Bill, 2003". Rajya Sabha. p. 5. Retrieved
fromhttp://web.archive.org/web/20060425230738/http://rajyasabha.nic.in/legislative/amendbills/XXXIX_2003.
pdf on 2nd april, 2013.
[15]
Durga Das Basu (1993). Introduction to the Constitution of India (15th ed.). New Delhi: Prentice Hall of
India.
[16]
Durga Das Basu (2003). Shorter Constitution of India (13th ed.). Nagpur: Wadhwa & Co. p. 1972.
[17]
THE CONSTITUTION (EIGHTY-SIXTH AMENDMENT) ACT, 2002. Retrieved
fromhttp://indiacode.nic.in/coiweb/amend/amend86.htm on 2nd april, 2013.
[18]
Durga Das Basu (1993). Introduction to the Constitution of India (15th ed.). New Delhi: Prentice Hall of
India.
[19]
Durga Das Basu (2003). Shorter Constitution of India (13th ed.). Nagpur: Wadhwa & Co. p. 1972.
[20]
Tayal, B.B. & Jacob, A. (2005), Indian History, World Developments and Civics, p. A-35
[21]
Durga Das Basu (2003). Shorter Constitution of India (13th ed.). Nagpur: Wadhwa & Co. p. 1972.
[22]
Durga Das Basu (1993). Introduction to the Constitution of India (15th ed.). New Delhi: Prentice Hall of
India. p. 114-115
[23]
Austin, Granville (1999). The Indian Constitution: Cornerstone of a Nation. New Delhi: Oxford University
Press. p. 114-115
[24]
Durga Das Basu (2003). Shorter Constitution of India (13th ed.). Nagpur: Wadhwa & Co. p. 1972. P.444
[25]
Durga Das Basu (2003). Shorter Constitution of India (13th ed.). Nagpur: Wadhwa & Co. p. 1972. P.466
[26]
Durga Das Basu (1993). Introduction to the Constitution of India (15th ed.). New Delhi: Prentice Hall of
India. P.131.
[27]
Durga Das Basu (2003). Shorter Constitution of India (13th ed.). Nagpur: Wadhwa & Co. p. 1972. P.466.
[28]
Krishna Paul. Fundamental Rights in the Indian Constitution. Retrieved from
http://www.lawyersclubindia.com on 7.04.13 at 5:35 p.m.
[2]

[29]

Bhadouria. Jai. Fundamental rights in the Indian Constitution. Retrieved from http://www.gyancentral.com
on 7.04.13 at 5:40 p.m.
[30]
PRAFULL, K. Fundamental Rights to the Indian Constitution. Retrieved from http://www.ias.org.in on
7.04.13 at 5:30 p.m.

[31]

Kumar, Arvind. Essay on right to Equality under the Indian Constitution. Retrieved from
http://www.preservearticles.com on 7.04.13 at 5:50 p.m.
[32]
Kathjoo, Riyaz. Fundamental Rights. Retrieved from http://www.greenvalleykashmir.com on 7.04.13 at 6:15
p.m.
[33]
Ibid 4.
[34]
Legal Blog. Right to Equality: Reasonable Classification and Supreme Court. Retrieved from
http://www.legalblog.in on7.4.13 at 5:45 p.m.
[35]
Ibid 3.
[36]
Ibid 1.
[37]
Ibid 5.
[38]
Ibid 2.
[39]
Deshmukh Hanumant. Speech and Expression. Retrieved from http://hanumant.com on 7.04.13 at 6:35 p.m.
[40]
M.P. Jain. Indian Constitutional Law. Lexis Nexis Butterworths Wadhwa. Nagpur. 2008. P.407
[41]
Ibid 1.
[42]
Ibid 13.
[43]
Constitution of India, 1949. Retrieved from http://www.advocatekhoj.com on 7.04.13 at 5:35 p.m.
[44]
Seervai, H.M. Religiou Freedom under our Constitution and social reform. Retrieved from
http://www.pucl.org on 7.4.13 at 5:50 p.m.
[45]
J.N. Pandey. The Constitutional Law of India. Central Law Agency. Allahabad. 2012. P.356.
[46]
[47]

http://www.netapedia.in/resources/fundamentalduties.php
Constitution Of India, Article 32.
[49]
M.P Jain, Indian Constitution Law, 6th Edition 2011, LexisNexis Wadhwa, Page 1436
[50]
Ibid at Page 1433
[51]
Ibid at Page Number 1439
[52]
Retrieved from http://www.timesofindia.com on 09-04-2013 at 11.45 P.M
[53]
Retrived from http://hanumant.com/FundamentalRights.html/ dated on April 13, 2013, at 06:12 pm
[54]
Retrived from http://www.kish.in/fundamental_rights_of_india/ dated on April 13, 2013, at 6:20 pm
[55]
Retrived from http://www.legalservicesindia.com/article/article/position-of-fundamental-rights-duringemergency-589-1.html/ dated on April 13, 2013, at -7: 54 pm
[56]
Retrived from http://www.indianetzone.com/40/fundamental_duties.html / dated on April 13, 2013, at 06:30
pm
[48]

[57]

Konvitz, Milton R. Fundamental Rights: History of a Constitutional Doctrine. transaction publishers, 1

Aug 2009. Print.

[58]

S.K., Singh. Fundamental rights in depth. Civil service India.com. 2001. Web. 20 April. 2013.
Austin, Granville. The Indian Constitution: Cornerstone of a Nation. New Delhi: Oxford University Press,
1999. Print.
[60]
M. George. Fundamental rights and duties in Indian Constitution. Edurite.com. Web. 19 April, 2013.
[61]
Silver, Aron. Difference Between Fundamental Rights and Fundamental Duties,3 June, 2011. Web. 5 April
2013.
[59]