9 min
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10.04.2022
The Constitution of India is a unique and transformative constitution. It is globally the largest written constitution holding liberal and democratic values. Also, India is one of the most diverse countries in the world. Due to these aspects, we chose the Indian Constitution as an assignment topic.
Fundamental Rights Importance
Fundamental rights are critical for the overall development of people as well as the country. Dr. Ambedkar stated that the legislature's role is not just to guarantee the basic rights of the people of India but, more crucially, to protect them.
The Indian Constitution's right to life and personal liberty includes special provisions outlining how these rights are implemented and enforced. The Indian Supreme Court and the state high courts have the jurisdiction to declare legislative or executive action unlawful and invalid if these rights are violated.
The Directive Principles
The Directive Principles of state policy are divided into three categories: goals that the state should seek to achieve, directives for the use of legislative and executive authority, and citizen rights that the state must seek to protect.
Article 46 of the Constitution further requires the state to promote the interests of the scheduled castes and scheduled tribes, fight for their economic improvement, and protect them from discrimination and exploitation.
Fundamental Rights Characteristics
- The way fundamental rights in India are enforced differs from how conventional legal rights are enforced. If a legal right is breached, the aggrieved party cannot go straight to the Supreme Court without first going through the lower courts. He or she should go to the lower courts first.
- Some basic rights are available to all citizens, while the remainder is available to the general public (citizens and foreigners).
- Fundamental freedoms aren't absolute. They are subject to appropriate limits, including state security, public morality and decency, and cordial ties with foreign countries.
- They are justiciable, which means they may be enforced in court. People can go to the Supreme Court immediately if they believe their basic rights have been violated.
- The Parliament can amend fundamental rights by a constitutional amendment, but only if the modification does not change the Constitution's core framework.
- During a national emergency, fundamental rights might be suspended. However, Articles 20 and 21 protect rights that cannot be interrupted.
- In areas where martial law or military authority has been imposed, the applicability of fundamental rights may be limited.
Fundamental Duties
The 86th Amendment, which imposed a responsibility on every parent or guardian to ensure that their child or ward has chances for education between the ages of six and fourteen years, raised the fundamental obligations from 10 to eleven in 2002.
Other fundamental duties include respecting India's national symbols, such as the Constitution, cherishing its legacy, preserving its composite culture, and assisting in its defense. They also require all Indians to foster the spirit of common brotherhood, maintain the environment and public property, cultivate a scientific temperament, refrain from violence, and strive for excellence in all areas of life.
Writs
Habeas Corpus, Mandamus, Certiorari, Quo Warranto, and Prohibition are the five kinds of Writs. They are all effective methods of upholding people's rights and compelling authorities to do the tasks that they are obligated to fulfill under the law.
Sample Essay: Fundamental Rights
The true measure of a country's greatness is determined by the practical deployment of its citizens' rights in the public interest. Every country grants its citizens certain (albeit limited) rights. Healthy state governments give human beings absolute rights and freedoms, and India is one such country globally.
India's Constitution guarantees its citizens six fundamental rights, from which all other rights are defined. The Indian judiciary, the executive, and the legislature are in charge of enforcing the fundamental rights guaranteed to Indian citizens.
The right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies are the six fundamental rights. In this assignment on fundamental rights, we will go over all of the rights that people have.
The right to equality is the first fundamental right enshrined in the Constitution of India. For a country as diverse as India, this fundamental right is especially important. India has a diverse population that reflects this diversity in all aspects of life. Religion, language, ethnicity, the food we eat, the clothes we wear, and the movies we watch all reflect diversity. And the right to equality deserves a lot of credit. This right ensures that everyone is treated equally in the eyes of the law, regardless of caste, creed, gender, sex, religion, or ethnicity.
Citizens of India have the right to freedom, according to the Indian Constitution. This is an important fundamental right that includes everything from freedom of expression, freedom of speech, freedom of conscience, and the ability to move across the country. Through the right to freedom, a citizen is not supposed to harm anyone. Freedom of association, freedom of movement, the freedom of assembly, freedom to practice a profession, and freedom to reside anywhere in the country are included in this category.
While there are class divisions in India, the right against exploitation is valid in preventing caste-based discrimination, which leads to human rights violations. Untouchability, as well as discrimination based on caste and religion, are two aspects that exist in India. This right protects our society's most vulnerable members from being exploited by its most powerful members. Human trafficking, prostitution, child labor, and enslavement are just a few of the issues that the right against exploitation safeguards against.
Hinduism, Islam, Christianity, Sikhism, Buddhism, Jainism, Judaism, Zoroastrianism, and the Baha'i Faith are the nine religions practiced by millions of people in India. One point to keep in mind is that this is the fundamental right that distinguishes our country as upholding secularism and democracy. There is a widespread misconception that India is a Hindu country, which is incorrect and dangerous to our country's secular fabric and constitutional democratic values. Regardless of the number of adherents, every religion has equal space to practice their religious affairs according to the Constitution.
The cultural and educational right ensures that all citizens of the country, irrespective of their place of birth within the country, have a right to education. This also protects the country's cultural, religious, and linguistic minorities from discrimination. This right provides equal protection to all Indian citizens, including the backward classes, and their equality of opportunity to educational institutions without religious instructions within them.
According to the right to constitutional remedies, If any of the aforementioned fundamental rights are violated, citizens have the power to hold the administration and those responsible accountable. In this case, the judiciary is vital.
Essay Analysis
The above sample is a great example of a fundamental rights essay. However, some major points are lacking, which deviate its path from becoming an A+ essay. Following are the points that should have been covered:
Absence of Lists
If you notice, there are only paragraphs in the above essay. Your teacher or examiner might get confused as to where the sub-topic starts and where it ends. In this case, a sub-topic would be a fundamental right. The essay should have been as follows:
1. Right to Equality
The right to equality is the first fundamental right enshrined in India's Constitution. For a country as diverse as India, ...
2. Right to Freedom
Citizens of India have the right to freedom, according to the Indian Constitution.
Similarly, the remaining rights should have been listed down in list order.
Absence of Sub-Headings
In the above sample, the paragraphs have been written one after another. For instance, before the list, a sub-heading as 'List of Fundamental Rights' should have been included.
Absence of Conclusion
The sample essay ends on the last fundamental right, namely, 'Right to Constitutional Remedies'. A conclusion at the end of the essay holds a critical position in the framework of an A+ essay. A short conclusion such as the following should have been included in the above essay:
Every citizen of the country should be able to exercise each of these rights without fear of retaliation. And it is the administration's responsibility to ensure that these rights are not infringed upon in practice. However, responsible citizens must keep in mind that none of these rights are absolute. If anyone is found guilty of a crime, hatred, or a threat to national security while exercising these rights, the administration has the authority to revoke that person's right. Few fundamental rights will be nullified for prisoners, enemies of the state, fraudsters, or people seriously accused in a court of law, for example.
Absence of Article Numbers
There is no mention of the article numbers in which the fundamental rights have been defined in the Indian Constitution.
The following should have been stated clearly:
- 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 (Articles 32-35)
Absence of Structure
Every fundamental right includes articles. For instance, the first fundamental right, that is, the right to equality, should have included the following:
- Article 14 of the Indian Constitution declares unequivocally that no state or country shall refuse any individual within the territory of India equality before law or equal protection under the law.
- Article 15 forbids discrimination based on religious affairs, ethnicity, caste, sex, birthplace, or any combination of these factors.
- Article 16 ensures equal opportunity in public employment.
- Article 17 covers the abolition of untouchability through which any disability imposed as a result of untouchability will be considered a criminal offense punished by law.
- Article 18 forbids the state from bestowing any titles other than military or academic honors, and Indian nationals are not allowed to accept titles from a foreign state.
Similarly, the articles for the remaining fundamental rights should have been described. If you need assistance regarding the laws, rights, economics, and different markets, you can opt to reach out to a website that writes essays for you.
Before you start working on your paper, remember that:
- Your assignment is 100% unique and grammatically correct.
- All the rights and articles are properly allotted to headings, sub-headings, and lists.
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