Fundamental Rights

 The Fundamental Rights

Right to Equality

Towards this end, the Constitution also abolished Untouchability and Titles.

Right to Freedom

freedom of speech and expression;

assemble peaceably and without arms;

form associations or unions;

move freely throughout the territory of India;

reside and settle in any part of the territory of India; and

practice any profession, or to carry on any occupation, trade or business.

Right against Exploitation

This right prohibits traffic in human beings and forced labor. It also lays down that no child below the age of 14 years will be employed in factories, mines, or other hazardous sectors.

Right to Freedom of Religion

This right lays down that all persons are equally entitled to freedom of conscience and the right to freely profess, propagate, and propagate religion. This is, however, subject to public order, morality, and health and to other relevant provisions laid down in the Constitution.  This Fundamental Right gives every religious denomination the freedom to establish and maintain institutions for religious and charitable purposes and to manage their religious affairs.

Cultural and Educational Rights

This right protects the interests of the minorities. It says,” Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.” It prohibits any educational institution maintained by or aided/funded by the State from denying admission to any citizen only on the basis of religion, race, caste or language. The right also gives minorities the freedom to establish and administer educational institutions.

Right to Constitutional Remedies

This provides for remedies for the enforcement of the Fundamental Rights provided by the Constitution, including the right to move the Supreme Court of India.

Right to Education

Incorporated through the Constitution (Eighty-sixth Amendment) Act, 2002, it says that the state shall provide free and compulsory education between the age of six and 14 years “in such manner as the State may, by law, determine”.

One of the Fundamental Rights originally included in the Constitution, the Right to Property, was omitted through the Forty-fourth Constitutional Amendment in 1978. It was instead recognized as a “legal right”.

Fundamental Duties

Along With Fundamental Rights Come Fundamental Duties.

Abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.

Cherish and follow the noble ideals which inspired our national struggle for freedom.

Uphold and protect the sovereignty, unity, and integrity of India.

Defend the country and render national service when called upon to do so.

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.

Value and preserve the rich heritage of our composite culture.

Protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.

Develop the scientific temper, humanism, and the spirit of inquiry and reform.

Safeguard public property and to abjure violence.

Strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.

India’s Constitutional Bodies

India’s Constitutional bodies refer to a number of bodies or institutions which help in governance and act as watchdogs in specific spheres.

Election Commission of India (ECI)

The Election Commission of India is responsible for ensuring the conduct of free and fair elections in the country. These include elections to the Lok Sabha, Rajya Sabha and state legislatures. The commission also conducts the election of the President and the Vice-President.

The commission is headed by the Chief Election Commissioner (CEC) who is assisted by one or more Election Commissioners as appointed by the government. Besides the actual conduct of elections, its responsibilities also include scrutinizing election expenses and registration of political parties.

 

Comptroller and Auditor General of India (CAG)

The CAG of India plays the role of a watchdog when it comes to scrutinizing the expenditure by the government under different heads and projects. Over the years, its annual reports have brought to light many anomalies in the manner in which finances allocated for specific purposes were used and losses caused to the state exchequer due to faulty implementation of projects and programs.

CAG reports on the accounts of the central government and its departments, including Public Sector Undertakings (PSUs), are tabled in Parliament every year. Similarly, CAG reports detailing the accounts of state governments, their departments and state undertakings are tabled in the state assembly each year.

The founding father of the Indian Constitution, Dr B R Ambedkar, had told the Constituent Assembly that the CAG was possibly the most important officer in the country as he kept a close watch on how government money was being spent.

Attorney General of India

The Attorney General (AG) is the Indian government’s senior-most legal officer. It is the duty of the AG, who holds the rank of a Supreme Court Judge, to advise the government on legal matters on which his or her opinion is sought.

The Attorney General appears in the Supreme Court in cases involving the Indian government. He can, however, appear in all courts across the country depending on the government’s requirements.

Union Public Service Commission (UPSC)

The UPSC is responsible for recruitments to All India Services, Central Services and services of Union Territories. It is headed by a Chairman and has 8-10 other members as decided by the President of India.

The commission is tasked with framing and amending recruitment rules for different government services and posts. It also looks into disciplinary issues relating to government services.

The All India Services whose members are selected under the examination and interview process conducted by the UPSC include the Indian Foreign Service (IFS), Indian Administrative Service (IAS), the Indian Police Service (IPS), the Indian Revenue Service (IRS) to name a few.

Finance Commission of India

The Constitution provides for a Finance Commission of India to decide on the distribution of taxes between the central and state governments in keeping with the country’s federal structure. It is headed by a chairman and has other members appointed by the President of India.