Fundamental Rights in India
Fundamental Rights 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 Fundamental Rights 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. India
The six fundamental rights recognised by the constitution are: 1) Right to equality, including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment 2) Right to freedom of speech and expression, assembly, association or union, movement, residence, and right to practice any profession or occupation (some of these rights are subject to security of the State, friendly relations with foreign countries, public order, decency or morality) 3) Right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings; 4) Right to freedom of conscience and free profession, practice, and propagation of religion; 5) Right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice; and 6) Right to constitutional remedies for enforcement of Fundamental Rights. Rights mean those freedoms which are essential for personal good as well as the good of the community. The rights guaranteed under the Constitution of India are fundamental as they have been incorporated into the "fundamental Law of the land" and are enforceable in a court of law. However, this does not mean that they are absolute or that they are immune from Constitutional amendment. Fundamental rights for Indians have also been aimed at overturning the inequalities of pre-independence social practices. Specifically, they have also been used to abolish untouchability and hence prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They also forbid trafficking of human beings and forced labour. They also protect cultural and educational rights of ethnic and religious minorities by allowing them to preserve their languages and also establish and administer their own education institutions. Genesis
The development of constitutionally guaranteed fundamental human rights in India was inspired by historical examples such as England's Bill of Rights (1689), the United States Bill of Rights (approved on 17 September 1787, final ratification on 15 December 1791) and France's Declaration of the Rights of Man (created during the revolution of 1789, and ratified on 26 August 1789). Under the educational system of British Raj, students were exposed to ideas of democracy, human rights and European political history. The Indian student community in England was further inspired by the workings of parliamentary democracy and Britishers political parties.
In 1919, the Rowlatt Act gave extensive powers to the British government and police, and allowed indefinite arrest and detention of individuals, warrant-less...
...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 IndiaRight 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....
...want. As civilisation evolves, the law has evolved from guaranteeing the most basic needs of humans by converting them to rights and then slowly guaranteeing needs not necessarily for existence as rights, as and when society has been able to gather the resources to provide for these needs.
Yet, questions remain. What is privacy? As pointed out by Roger Clarke, we use many words without exactly considering their meaning. When we use words such as 'eat' and 'zebra', it does not matter, but when we use words such as 'discrimination' and 'ethnicity', one cannot have a rational discussion without having a common understanding of the terms .
Furthermore, what do we mean by 'degree of privacy'? The standards of privacy vary very widely from culture to culture and therefore even the law must accordingly fit into the standards of the society. The standards of privacy which a person living in the densely populated slums of Mumbai finds acceptable are totally different from the standards which the people living in a sparsely populated and remote village in Himachal Pradesh find acceptable, assuming that we leave alone the standards employed by the Scandinavians. Can there be a common benchmark for privacy, at least in India?
What cannot be denied, however, is that privacy is important. Warren and Brandeis, two American lawyers, in their seminal paper called 'The Right to Privacy', published in 1890 in the Harvard Law Review,...
...CONSTITUTION LAW II
Fundamental Duties – Relevance and Applicability
Ajay Singh Rathore
ID - 210039
The constitution of India, in its Part IV-A provides Fundamental Duties. 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 reference of these duties.Fundamental Duties are the modernization of the constitution. Fundamental duties have been incorporated in the Indian Constitution to remind every citizen that they should not only be conscious of their rights, but also of their duties.1 It was expected that the citizens would fulfil their duties willingly. Though, non-executory in nature, fundamental duties have often been invoked in a number of decisions by the Supreme Court and the High Courts. Sometimes these duties have been equated on a par with the directive principles, or sometimes they have been treated as mere guiding principles in the study of fundamentalrights. We have borrowed these duties from the constitution of various countries including Japan. Constitutions of Yugoslavia and Republic of China and the Constitution of Soviet Union (USSR) also contains fundamental duties.
Originally ten in number, the Fundamental Duties were...
...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...
...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...
...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 ofIndia 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...
Draft: on LGBT, Cultural and Legal Aspects in India 2
Foundation of Opinion: 3
XYZ would like to know the implications (if any) for any of our employees who travel to India if they are homosexual. 3
Questions & Answers 3
Q.1 what is the current law regarding homosexuals in India? 3
Explanation of Section 377 of I.P.C 5
Recent Development in the Law (With reference to Court’s Judgments – High court, and Apex Court of India (Supreme Court of India)) 6
Q3. If a XYZ employee who is homosexual visits India and engages in homosexual behavior, what would the implications be for them? 25
Q 4 What is the likelihood of prosecution? Historically, have there been many cases of prosecution? 25
Q 5 What are the sanctions if a XYZ employee was prosecuted (e.g. imprisonment, for how long)? 26
Q6 As discussed what cultural factors should we also be aware of? 26
Q 7 If a XYZ employee is in a civil partnership, would this cause any issues if they were to visit India? 27
On Request 27
In addition, if you could please share with us the recent Supreme Court of India judgments regarding homosexuality, that would be most helpful. 27
Ref: PBA/TLC/XYZ/LGBT/16042014/1 Date: 19 April, 2014
Dear Ms. XYZ,
Draft: on LGBT, Cultural and Legal Aspects in India
With reference to...
...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...