Author: Mohammed Yaqzan Ajwad, a student at ICFAI Law School-IFHE University
ABSTRACT
Fundamental Rights and Duties are the major supporting structures in the Indian Constitution safeguarding the individuality of a citizen while promoting civic responsibility, and this article will explain the evolution and interpretation of fundamental rights in India and the relevance of Fundamental Duties in modern society. This article is based on a reading of landmark case laws and the current socio-political contexts concerning them and intends to provide an understanding of shaping how such rights and duties contoured the democratic framework in India.
INTRODUCTION
The vibrant live document of the Indian Constitution, which came into force in 1950, is intended for the aspirations of many people. Part III contains Fundamental Rights and Article 51A mentions certain fundamental duties, and both are integral portions of the document. These rights and duties facilitate individual freedom by infusing an interest of responsibility towards the nation and fellow citizens. The evolution, interpretation, and contemporary relevance of rights and duties in their crucial role in ensuring the democratic fabric of India are covered in this article. Evolution and Interpretation of Fundamental Rights in India.
HISTORICAL CONTEXT OF FUNDAMENTAL RIGHTS
PRE-INDEPENDENCE
It is in this historical struggle for independence that these Fundamental Rights find their mooring. Many moons ago, civil liberties and personal rights were espoused by the Indian National Congress. The demand for rights makes itself felt and apparent through various resolutions and manifestos that express the collective aspirations of the Indian populace. Promised in the Montagu-Chelmsford Reforms of 1919 as promised, rights were put into practice in India through the Government of India Act, of 1935. It provided not complete powers with provisions of protection beyond the term limits.
CONSTITUENT ASSEMBLY
Demand for Spelt Out Fundamental Rights increased in the deliberations of the Constituent Assembly (1946-1949). International documents played their roles in the course of making the Constitution; the framers used documents such as the Universal Declaration of Human Rights in 1948 and the US Bill of Rights as the framework for their task. They found it essential to safeguard individual rights from possible oppression by the state and equality and justice before the law.
Seven Fundamental Rights were originally envisaged in the original draft of the Constitution, out of which at the time of the enactment of the 44th Amendment Acts, 1978, the scope was reduced to six. A few of them included some Fundamental Rights in the Constitution:
Right to Equality (Articles 14-18)
Right to Freedom (Articles 19-22)
Right against Exploitation (Articles 23-24)
Right to Freedom of Religion (Articles 25-28)
Cultural and Educational Rights (Articles 29-30)
Right to Constitutional Remedies (Article 32)
IMPORTANT AMENDMENTS ALONG WITH CASE LAWS
Amendment Act (1978): It was a very important step in reviving certain rights that had been provided to them at the time of emergency (1975-1977). The amendment changed the language from that of the Right to Life and Personal Liberty under Article 21 in such a way that one’s deprivation could not occur except by a procedure established by law.
Keshvananda Bharati v. State of Kerala (1973): The judgment established a precedent later known as the “basic structure doctrine” and established that while Parliament has and continues to hold the power to amend the Constitution, it may not alter its fundamental framework which comprises Fundamental Rights in the same process.
Maneka Gandhi v. Union of India (1978): This judgment widened the interpretation of Article 21 which includes the right to live under human dignity. The Supreme Court opined that any law which denudes such a right must be just, fair, and reasonable.
Vishaka v. the State of Rajasthan (1997): This set out the directions by the Supreme Court as preventive measures against sexual harassment at the workplace and construed rights to equality and life with dignity as basic rights.
Navtej Singh Johar v. Union of India (2018): This critical ruling decriminalized consensual homosexuality, supporting the rights to equality and personal liberty. The Supreme Court emphasized that the Constitution guarantees the right to love and live with dignity, irrespective of sexual orientation.
CURRENT INTERPRETATION
The interpretation of Fundamental Rights occupies an evolving landscape, with the judiciary being vital and pivotal in widening its range. Recent judgments also started recognizing the right to privacy as an inviolable fundamental right (Justice K.S. Puttaswamy v. Union of India, 2017) together with other issues in relation to and within the broader spectrum of freedom concerning speech, gender equality, and environmental rights.
ROLE OF THE JUDICIARY
The judiciary has interpreted and enforced Fundamental Rights. The Supreme Court and High Courts sometimes act as the guardians of these rights from state infringement on individual liberties. The proactivity of the judiciary in this context has led to the expansion of the coverage of rights, thereby including current issues and making them relevant.
FUNDAMENTAL RIGHTS: CURRENT ISSUES
Despite the potential strength of the Fundamental Rights, their implementation is fraught with challenges. Prominent of these are social inequalities, discrimination, and state surveillance, all of which continue to threaten individual freedom. The judiciary continues to find its bearings on these issues as it seeks to apply the spirit of the Constitution to new-age social problems.
TECHNOLOGICAL IMPACT
Technology has brought about significant changes in the world of Fundamental Rights. It may be complicated issues of data privacy, cyberbullying, or even freedom of expression in a virtual space, but it certainly does not escape the purview of Fundamental Rights. The adaptation of judicial interpretation in Fundamental Rights would thus have to include the new realities concerning the liberty of individuals in cyberspace.
HISTORICAL CONTEXT OF FUNDAMENTAL DUTIES
The constitution of the erstwhile Soviet Union inspired the Fundamental Duties of India. It was believed that to offset the Fundamental Rights given in the constitution, the same would motivate a citizen to remind him of his duties towards the nation. These were focused on evoking a sense of civic responsibility so that citizens took their rightful place in the development of the country.
Fundamental Duties: Fundamental Duties are mentioned in Article 51A of the Indian Constitution, which was added by the 42nd Amendment in 1976. It initially contained ten Fundamental Duties and they are as follows:
To salute the Constitution and to honor its ideals and institutions, the National Flag, and the National Anthem.
To value and preserve the rich heritage of our composite culture.
To defend the country and render national service when called upon to do so.
To appreciate and also think of the noble ideals that were inspiring our national struggle for freedom.
To defend the country and render national service in the event of a national emergency.
To promote harmony and the spirit of common brotherhood amongst all the people of India, transcending religious, linguistic, regional, or sectional diversities.
To protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
Be a person with a scientific temper, humanism, and the spirit of inquiry and reform.
To save public property and to abjure violence.
To strive for excellence in all spheres of individual and collective activity so that the nation rises higher in pursuit of its goals and accomplishments.
Fundamental Duties, introduced by the 42nd Amendment in 1976, serve as a reminder of the responsibilities of citizens towards the nation. Article 51A outlines ten duties, including promoting harmony, safeguarding public property, and striving towards excellence in all spheres of individual and collective activity. While these duties are not legally enforceable, they play a crucial role in fostering a sense of civic responsibility among citizens.
KEY AMENDMENTS TO FUNDAMENTAL DUTIES
42nd Amendment (1976): The Fundamental Duties were incorporated into the Constitution by this amendment, said to have been enacted when the country was under Emergency, and designed to still a sense of responsibility in citizens. Originally, the duties were listed in ten numbers.
86th Amendment (2002): This amendment added a new clause to Article 51A, which states that every parent or guardian has to provide an opportunity for his or her child or ward to get an education in the age group of six to fourteen. This underlines the right of the child to compulsory education and the liability of parents to have compulsory education for their children.
IMPORTANCE IN CONTEMPORARY SOCIETY
The relevance of Fundamental Duties has increased due to the present scenario of rapid change in the socio-political sphere. Problems of environmental degradation, social unrest, and communal tensions only add to the necessity of the active participation of citizens.
Current Context
Environmental Protection: As people increasingly become aware of the threat posed by climate change, the duty to protect and improve the natural environment gains prominence. Citizens are motivated to participate in the sustainability and conservation effort. The increase in frequent natural disasters and environmental degradation calls for a joint effort to uphold this duty.
Promoting Harmony: In India, the duty of promoting harmony and the spirit of brotherhood is of great importance in combating the forces of divisiveness among people, as generally the entire country is made of several communities. The rise of communal tension should ignite this duty again for citizens to engage one another.
Citizens'(Civic) Duty: This is strengthened through participation in the process of democracy such as voting and community service. Citizens should know that they must create the conditions of governance and then hold the officials accountable.
CHALLENGES OF IMPLEMENTATION
While very clearly articulating the Fundamental Duties, their implementation is rather an uphill task. Many citizens cannot name such duties. More often, they don’t pay attention to civic education as taught in schools or communities. It is important to inculcate the value of responsibility so that it is evident in the curriculum of education and public discourse about the inclusion of Fundamental Duties.
CONCLUSION
Fundamental Rights and Duties form a vital part of the Indian Constitution which enshrines the democratic idea into the soul of the nation. The growth and interpretation of such rights reflect a dynamic society, yet the challenge of balancing individual liberty against social responsibilities continues. As India confronts present dilemmas, the enjoyment and observance of these rights and duties guide citizens and the state on the road toward justice, equality, and social concord. Dialogues on and around these rights and duties are necessary ingredients for satisfying the collective hunger of creating a better society with many resources to spend on an individual’s ambitions while providing for the nation’s good.
FAQS
Q1. How do Fundamental Duties differ from Fundamental Rights?
A1. Fundamental Rights protect individual liberties. On the contrary, the Fundamental Duties outline the responsibilities of citizens towards the nation and society to serve as an ever-reminding nudge that Rights have corresponding Duties attached to them for civic engagement and social responsibility.
Q2. Are there restrictions on fundamental rights?
A2. Yes, there are restrictions on fundamental rights in certain cases, such as in the interest of public order, morality, or sovereignty of the nation. Every restriction must be reasonable, justifiable, and according to law.
Q3. How do the courts interpret Fundamental Rights?
A3. The courts are the ultimate arbiters of the meaning, content, and extent of Fundamental Rights. The judiciary is important in interpreting these rights; in many instances, the courts have broadened the horizon of their scope through landmark judgments. Generally, the courts must safeguard these rights and ensure that damages are made at the hands of the state. It strengthens the justice and equality processes.
Q4. What kind of relationship exists between Fundamental Rights and Directive Principles of State Policy?
A4. The Fundamental Rights and Directive Principles constitute the two sides of the same coin of the Constitution. As Fundamental Rights secure the liberties of the individual, the Directive Principles aim at democratizing the social and economic order and delivering justice to people. The courts attempt to harmonize these two values in their interpretation where the state must be accountable to its citizen but concerning the common good.
Q5. Why are Fundamental Duties important?
A5. They remind the citizens of their duties to the nation and the society. They inspire active citizenship encourage people to contribute positively to the community and uphold democratic values. They are vital in binding unity and social cohesion through a complex and diverse society.
Q6. What is the role of education in promoting fundamental duties?
A6. It is the only thing that can teach the students a sense of responsibility and civic awareness to promote these duties. Rights and Duties should be a part of the informed, involved citizens’ curriculum to reflect their roles in society.
