Fundemental Rights of India Essay
Fundemental Rights of India
The Fundamental Rights in Indian constitution acts as a guarantee that all Indian citizens can and will live their lifes in peace as long as they live in Indian democracy. They include individual rigts common to most liberal democracies, such as equality before the law, freddom of speech and expression, freedom of association and peaceful assembly, freedom of religion, and the right to constitutional remedies for the protection of civil right. Originally, the right to property was also included in the Fundamental Rights, however, the Forty-Fourth Amendment, passed in 1978, revised the status of property rights by stating that “No person shall be deprived of his property save by authority of law.” Following are the Fudamental Rights in India
Right to Equality | * Article 14 :- Equality before law and equal protection of law * Article 15 :- Prohibition of discrimination on grounds only of religion, race, caste, sex or place of birth. * Article 16 :- Equality of opportunity in matters of public employment * Article 17 :- End of untouchability * Article 18 :- Abolition of titles, Military and academic distinctions are, however, exempted| Right to Freedom | * Article 19 :- It guarantees the citizens of India the following six fundamentals freedoms:- 1. Freedom of Speech and Expression 2. Freedom of Assembly 3. Freedom of form Associations 4. Freedom of Movement 5. Freedom of Residence and Settlement 6. Freedom of Profession, Occupation, Trade and Bussiness * Article 20 :- Protection in respect of conviction for offences
* Article 21 :- Protection of life and personal liberty * Article 22 :- Protection against arrest and detention in certain cases | Right Against Exploitation | * Article 23 :- Traffic in human beings prohibited * Article 24 :- No child below the age of 14 can be employed | Right to freedom of Religion | * Article 25 :- Freedom of conscience and free profession, practice and propagation of religion * Article 26 :- Freedom to manage religious affairs * Article 27 :- Prohibits taxes on religious grounds
* Article 28 :- Freedom as to attendance at religious ceremonies in certain educational institutions | Cultural and Educational Rights | * Article 29 :- Protection of interests of minorities * Article 30 :- Right of minorities to establish and administer educational institutions * Article 31 :- Omitted by the 44th Amendment Act | Right to Constitutional Remedies | * Article 32 :- The right to move the Supreme Court in case of their violation (called Soul and heart of the Constitution by BR Ambedkar) * Forms of Writ check * Habeas Corpus :- Equality before law and equal protection of law |
1. Part-III, containing articles from 12 to 35 deal with Fundamental Rights. 2. The Fundamental Rights can be enforceable by a court against the State. 3. These are primarily aim at assuring political freedom to the citizens by protecting them against the excessive State action. 4. The Fundamental Rights are given a pride of place by the Constitution makers. 5. The chapter of Fundamental Rights is sacrosanct and not liable to be abridged by legislative or executive act or orders, except to the extent provided in appropriate Article in Part III. 6. Grover Justice Supreme Court said: “where as the fundamental rights lay down the means by which that goal was to be achieved.” 7. Fundamental rights occupy a unique place in the lives of civilized society and have been variously described in judgment of the Supreme Court as “transcendental”, “inalienable” and “personal”. 8. There are negative in character. The State is asked not to do certain things for the people.
Directive Principles of State Policy
1. Part –IV, containing Articles from 36 to 50, deal with Directive Principle of State Policy. 2. The Directive Principles of State Policy can not be enforceable by any Court. 3. These are aimed at securing welfare, social and economic freedoms by appropriate State action. 4. The Directive Principles are given a place of permanence by the Constitution makers. 5. The Directive Principles of State policies have to confirm and to run as subsidiary to the Chapter of Fundamental Rights. 6. Grover Justice Supreme Court said: “Directive Principles prescribe the goal to be attained.” 7. The Supreme Court described the Directive Principles of State policy as “Conscience of our Constitution”.
8. These are positive in character. The State is directed to take certain positive steps for the welfare and advancement of the people. Directive Principles Of State Policy
The Constitution lays down certain Directive Principles of State Policy which though not justiceable, are ‘fundamental in governance of the country’ and it is the duty of the State to apply these principles in making laws. These lay down that the State shall strive to promote welfare of people by securing and protecting as effectively as it may a social order in which justice – social, economic and political, shall inform all institutions of national life. The State shall direct its policy in such a manner as to secure the right of all men and women to an adequate means of livelihood, equal pay for equal work and within limits of its economic capacity and development, to make effective provision for securing the right to work, education and to public assistance in the event of unemployment, old age, sickness and disablement or other cases of undeserved want.
The State shall also endeavour to secure to workers a living wage, humane conditions of work, a decent standard of life and full involvement of workers in management of industries. In the economic sphere, the State is to direct its policy in such a manner as to secure distribution of ownership and control of material resources of community to subserve the common good and to ensure that operation of economic system does not result in concentration of wealth and means of production of common detriment.
(1) Equitable distribution of wealth or the socialist pattern of society and equal pay for equal work for both men and women.
(2) Provision of adequate means of livelihood to all its citizens, men and women.
(3) Provision of employment to all.
(4) Free and compulsory education for children.
(5) Living wage for workers.
(6) Protection of childhood and youth against exploitation and against moral and material abandonment.
(7) Organization of village panchayats as units of self-government (Article 40).
(8) Prohibition of the consumption except for medical purposes of intoxicating drinks and of drugs injurious to health.
(9) Organization of agriculture and animal husbandry on modern and scientific lines.
(10) Promotion of international peace and security and maintenance of just and honourable relations between the nations of the world.
THE DIRECTIVE PRINCIPLES OF STATE
Policy in the Constitution of India have been inspired by the Constitution of Ireland. It contains ideals of a Welfare State. The Directive Principles are contained in Part-IV of the Constitution.
RIGHT TO WORK IN THE INDIAN CONSTITUTION
Article 41 in Part IV (Directive Principles of State Policy) in the Constitution of India reads, “The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement and in other cases of undeserved want.” The custodian of Fundamental Rights is the Supreme Court of India. The differences between Fundamental Rights and Directive Principles are: Fundamental Rights
* Fundamental Rights are justiciable
* Indian Constitution mentions some of the most important rights of the citizens called fundamental rights. * These rights are necessary if citizens are to act properly and live democratically. * These rights are fundamental in legal sense. If Government passes any law which restricts them, then those laws would be invalid. * The Constitution guarantees us six fundamental rights. * Fundamental rights concern the individual.
* Directive Principles of State policy are not justiciable. The provision of Directive Principles thus can not be enforced in court of law. * These are actually directions given by the Constitution of the State to adopt policies which would help to establish a just society in our country. * The aim of these instructions is to create proper economic and social conditions in which citizens of our country can lead a good life. * Directive principles concern State.
Subject: Human rights,
University/College: University of Chicago
Type of paper: Thesis/Dissertation Chapter
Date: 28 September 2016
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