We often hear people say, “I was denied my right to go/to do/to speak,” but we seldom hear, “I have a duty to go/to do/to speak.” Rights and duties are inseparable, like two sides of a coin. Wherever we have rights, we must also have corresponding duties. In every sphere of life—home, society, or country—rights and duties go hand in hand. Our Constitution reflects this interplay, emphasizing that our rights are matched by our duties.
Fundamental Rights are termed so because they are inherent and vital for human development. They represent basic freedoms every Indian citizen is entitled to for a harmonious development of personality. Enshrined in Part III (Articles 12-35) of the Constitution, they are often referred to as the ‘Magna Carta’ of India. Inspired by historical precedents like England’s Bill of Rights (1689), the US Bill of Rights (1787), and France’s Declaration of the Rights of Man (1789), these rights form a detailed and justiciable (subject to trial in a court of law) list aimed at ensuring justice for all.
What is the importance of Fundamental Rights?
Fundamental Rights hold intrinsic, inalienable, and universal value, making them crucial. Part III of the Constitution not only confirms their existence but also provides protection for them. It’s important to understand that fundamental rights are not bestowed by the State; rather, individuals inherently possess them as members of the human race.
Sr. Adv. Mary Scaria SCJM
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