During our freedom struggle, the leaders of the freedom movement had realised the importance of rights and demanded that the British rulers should respect rights of the people. The Constitution listed the rights that would be specially protected and called them ‘fundamental rights’.These rights are defined in part III of Indian constitution The word fundamental suggests that these rights are so important that the Constitution has separately listed them and made special provisions for their protection. The Fundamental Rights are so important that the Constitution itself ensures that they are not violated by the government Fundamental Rights are different from other rights available to us. While ordinary legal rights are protected and enforced by ordinary law, Fundamental Rights are protected and guaranteed by the constitution of the country. Ordinary rights may be changed by the legislature by ordinary process of law making, but a fundamental right may only be changed by amending the Constitution itself. Besides this, no organ of the government can act in a manner that violates them. Judiciary has the powers and responsibility to protect the fundamental rights from violations by actions of the government. Executive as well as legislative actions can be declared illegal by the judiciary if these violate the fundamental rights or restrict them in an unreasonable manner. However, fundamental rights are not absolute or unlimited rights. Government can put reasonable restrictions on the exercise of our fundamental rights.
Seven fundamental rights were originally provided in constitution -Right to equality, right to freedom Right against exploitation, Right to freedom of religion, culture and educationalrights, Right to property and Right to constitutional remedies.How ever right to property was removed part III by 44th amendement in 1978. Fundamental rights are not absolute and are subjected to reasonable restriction as necessary for the...
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...
...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...
...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...
...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...
...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...
...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...
...1. FUNDAMENTALRIGHTS It is generally accepted that the Constitution comprises rules that regulate the organization and exercise of State power, on the one hand, and the relations between the State and its citizens, on the other. The rules that stipulate and regulate the relations between the State and its citizens and, more generally, the relations between the controlling and the controlled are characterized as public freedoms or fundamentalrights or human rights. Fundamentalrights determine the percentage of freedom that the members of a certain society have in relation to State power, thus delimiting the size of self-existence and self-determination of every human being. It would also be useful to clarify that fundamentalrights, when formulated in the Constitution, have increased formal power. This means that they cannot be abrogated or changed by a formal law or any regulatory deed of the executive power, but they lay down the limits and the legal framework within which State agents should act as regards their relations with the citizens. In this sense, fundamentalrights have an interdisciplinary legal character, since they lay down the principal rules of administrative law, criminal law, labor law, civil law, as well as overall procedural law. For the notional approach to fundamental...