The fundamental fights are guaranteed to protect the basic human rights of all citizens of India and are put into effect by the courts, subject to some limitations. One of such fundamental rights is the Right to Equality. Right to Equality refers to the equality in the eyes of law, discarding any unfairness on grounds of caste, race, religion, place of birth sex. It also includes equality of prospects in matters of employment, abolition of untouchability and abolition of titles. Articles 14, 15, 16, 17 and 18 of the Constitution of India highlight the Right to Equality in detail. This fundamental right is the major foundation of all other rights and privileges granted to Indian citizens. It is one of the chief guarantees of the Constitution of India. Thus, it is imperative that every citizen of India has easy access to the courts to exercise his/her Right to Equality.
Various articles under the Right to Equality are explained as follows:
Equality Before Law
Equality before law is well defined under the Article 14 of the Constitution which ensures that every citizen shall be likewise protected by the laws of the country. It means that the State will not distinguish any of the Indian citizens on the basis of their gender, caste, creed, religion or even the place of birth. The state cannot refuse equality before the law and equal defense of the law to any person within the territory of India. In other words, this means that no person or groups of people can demand for any special privileges. This right not only applies to the citizens of India but also to all the people within the territory of India.
Social Equality and Equal Access to Public Areas
The right of Social Equality and Equal Access to Public Areas is clearly mentioned under the Article 15 of the Constitution of India stating that no person shall be shown favoritism on the basis of color, caste, creed language, etc. Every person shall have equal admittance to public places like public wells, bathing ghats, museums, temples etc. However, the State has the right to make any special arrangement for women and children or for the development of any socially or educationally backward class or scheduled castes or scheduled tribes. This article applies only to citizens of India.
Equality in Matters of Public Employment
Article 16 of the Constitution of India clearly mentions that the State shall treat everyone equally in the matters of employment. No citizen shall be discriminated on the basis of race, caste, religion, creed, descent or place of birth in respect of any employment or office under the State. Every citizen of India can apply for government jobs. However, there are some exceptions to this right. The Parliament may pass a law mentioning that specific jobs can only be filled by candidates who are residing in a particular area. This requirement is mainly for those posts that necessitate the knowledge of the locality and language of the area.
Apart from this, the State may also set aside some posts for members of backward classes, scheduled castes or scheduled tribes which are not properly represented in the services under the State to uplift the weaker sections of the society. Also, a law may be passed which may entail that the holder of an office of any religious institution shall also be a person professing that specific religion. Though, this right shall not be granted to the overseas citizens of India as directed by the Citizenship (Amendment) Bill, 2003.
Abolition of Untouchability
Article 17 of the Constitution of India abolishes the practice of untouchability in India. Practice of untouchability is declared as a crime and anyone doing so is punishable by law. The Untouchability Offences Act of 1955 (and now Protection of Civil Rights Act in 1976) states punishments for not allowing a person to enter a place of worship or from taking water from a well or tank.
Abolition of Titles
Article 18 of the Constitution of India prohibits...
...PRINCIPLES AND FUNDAMENTALRIGHTSFundamentalRights and Directive Principle are integral components of the same organic constitutional system and no conflict between them could have been intended by founding fathers. But the view of Supreme Court on the relationship between FundamentalRights and Directive Principles have not been uniform throughout. There are three possible views on the relationship between FundamentalRights and Directive Principles. The first view is that former are the superior to the latter and so the latter must give way to the former in case of repugnancy or irreconcilable conflict between the two. The second view is that FundamentalRights and directive principle are equal in importance and hence, in case of conflict between the two an attempt must be made to harmonise them with each other. The view is that Directive Principles are superior to FundamentalRights mainly because the constitution provide that the former are ‘fundamental in the governance of the country’ and it shall be the ‘duty’ of the state “to apply these principle in making laws” and the binding nature of law does not cease to be so merely because it can not be enforced. These different view regarding the relationship between FundamentalRights and Directive...
EU Law -The fundamental principles as set out in the Charter of FundamentalRights.
1. A historical development of these FundamentalRights
The European Union Charter of FundamentalRights sets out in a single document a range of essential civil, political and social rights protected in the EU. The Charter consists of rights and freedoms divided into six sections: Dignity, Freedom, Solidarity, Equality, Citizens’ rights and Justice. The European Parliament, Commission and Council officially announced the Charter in Nice in December 2000, and at the time had no legal effect.
Within the EU the rights of all citizens were established at varying times, ways and forms. The EU therefore sought to clarify these fundamentalrights applicable to the EU in a more accessible form and bring them together into a single document. The Charter is the first EU document to unite and proclaim all the fundamentalrights and values citizens of the EU should be permitted. It does not create new rights but instead gathers the current rights that were formerly found in an assortment of legislative sources such as in national EU laws and international conventions from the Council of Europe. The Charter applies to the EU...
...Directive Principles of State Policy and Fundamental Duties
MODULE - 2
Aspects of the
Constitution of India
DIRECTIVE PRINCIPLES OF
STATE POLICY AND
The Constitution of India aims to establish not only political democracy but also socioeconomic justice to the people to establish a welfare state. With this purpose in mind, our
Constitution lays down desirable principle and guidelines in Part IV. These provisions are
known as the Directive Principle of State Policy. In this lesson we will study about Directive
Principles in detail.
It is a well-established saying that rights have significance only when enjoyed in consonance
with the duties. Therefore, the Fundamental Duties were inserted in Article 51A of our
Constitution in 1976 by 42nd Amendment Act. In the original Constitution in 1950, there
was no mention of these duties. It was expected that the citizens would fulfil their duties
willingly. We will also learn about these duties in this lesson.
After studying this lesson, you will be able to
understand the meaning of Directive Principles of State Policy.
classify the Directive Principles into four groups i.e. economic and social, Gandhian,
administrative and those related to international peace.
recognize the role of Directive Principles in promotion of universalisation of education,
abolition of child labour and improving the status of...
...FundamentalRights in India
FundamentalRights is a charter of rights contained in the Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, freedom of association and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus. Violations of these rights result in punishments as prescribed in the Indian Penal Code, subject to discretion of the judiciary. The FundamentalRights are defined as basic human freedoms which every Indian citizen has the right to enjoy for a proper and harmonious development of personality. These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste, creed, color or Gender. They are enforceable by the courts, subject to certain restrictions. The Rights have their origins in many sources, including England's Bill of Rights, the United States Bill of Rights and France's Declaration of the Rights of Man.
The six fundamental...
...JUSTICE V. R. KRISHNA IYER AND
EXPANSIVE INTERPRETATION OF FUNDAMENTALRIGHTS
AUTHORED BY:SHAILESH KUMAR, ROLL NO. 262, 9TH SEMESTER, 5 TH YEAR, CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR, M ITHAPUR, PATNA - 800001.
E-MAIL ID : [email protected]
LIST OF ABBREVIATIONS
A.C. AIR C.J. CJI CriLJ J. LLJ p. Para pp. SC SCC UOI vol.
Appealed Cases All India Reporter Chief Justice Chief Justice of India Criminal Law Journal Judge Labour Law Journal Page Paragraph Pages Supreme Court Supreme Court Cases Union of India Volume
"You must be the change you wish to see in the world."
- Mahatma Gandhi
AN INTRODUCTION- NOT NEEDED! Padma Vibhushan Vaidyanathpuram Rama Ayyar Krishna Iyer, as per his name, has done many godly works and has contributed hugely to the society and the legal fraternity with the help of his expansive interpretation of provisions of Part III of the Constitution of India which is unparalleled and can’t be aped by anyone in the near future.
V. R. KRISHNA IYER- AN ‘ADJECTIVE’ PERSONALITY Justice Iyer is a person who has tried throughout his life to be such change. He is a Karmyogi1, an intellectual, a pro-poor, a crusading maverick2 and along with all these, as the literature world considers him, a genius of vocabulary. Karmyogi, for his duty is life itself, for his tireless efforts to the service of society and widening the horizon of social-justice and his endless...
...The FundamentalRights 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 civilright.
Originally, the right to property was also included in the FundamentalRights, 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...
...CONFLICT BETWEEN FUNDAMENTALRIGHT AND D.P.S.P.
SUBMITTED IN partial fulfilment of B.A. LL.B.(Hons.) first semester
Submitted to: Submitted by: Mrs.Sweta Dhaliwal Harkirat Singh Kang(308)
Satvik shekhar (318)
Kawal jyot singh(328)
Appellants:Unni Krishnan, J.P. and others etc.
Respondent: State of Andhra Pradesh and others etc.
L.M. Sharma, C.J., S. Ratnavel Pandian, S. Mohan, B.P. Jeevan Reddy and S.P. Bharucha, JJ.
AIR1993SC2178, JT1993(1)SC474, 1992(2)SCALE703, (1993)1SCC645, 1SCR594.
Constitution - professional degree - Sections 4 and 15 of Andhra Pradesh Educational Institution (Regulation of Admission) Order 1974 - whether professional degree covered under fundamentalright to education - petitioner contended that every citizen has right to education for medical, engineering or other professional degree - petitioner contended that when primary education covered under fundamentalright then professional degree also covered same - petitioner filed petition on precedent of Court - Court observed that precedent of Court passed Order within jurisdiction of...
...FundamentalRights are those rights and freedoms of the people of India, which enjoy constitutional recognition and guarantee. The Supreme Court of India and State High Courts have the power to enforce FundamentalRights. Supreme court is the guardian protector of fundamentalrights.
A very detailed Bill of Rights It is a very detailed and comprehensive Bill ofRights. It contains 24 Articles from 12 to 35. These describe in detail the fundamentalrights of the people of India.
People enjoy only the rights given in the Constitution. The Constitution of India does not give any recognition to natural or un-granted rights People of India enjoy only those fundamentalrights.
Special Rights for the Minorities. The India bill of Rights guarantees some special rights to the minorities. Cultural and educational rights have been granted to them. It abolishes untouched and makes it’s a crime. It has also granted special protections to women, children and the weaker sections of society.
Lack of Social and Economic Rights: It grants only civil rights and freedoms. Rights like Right to Work, Right to Leisure, and Right to Social...