The Fundamental Rights Of The Indian Constitution

INTRODUCTION The fundamental rights were preserved in Part III of the Indian Constitution. It guarantees the following rights and freedoms. 1. Right to equality; 2. Right to freedom; 3. Protection in respect of ,conviction for offences; 4. Protection of life and personal liberty; 5. Right to education; 6. Protection against arrest and detention in certain cases; 7. Right against exploitation; 8. Right to freedom of religion; 9. Cultural and education rights; 10. Right to constitutional remedies. The terms â€Å"fundamental rights† have not been defined in the Constitution. Article 12 imposes duty on the state to protect citizens for enjoying the Fundamental Rights. Each article has a distinct, important and valuable fundamental right empowering the citizens. These rights primarily aimed at assuring political freedom to the citizens by protecting them against excessive State action. They are given a pride of place in the Constitution by the Drafting Committee. Directive Principles were enumerated in Part IV of the Constitution. Due to the judicial enforceability of FR and its nature being negative obligation of the state, many a times there has been a contrast between part III and part IV i.e. between fundamental rights and directive principles, despite being a part of the same constitution. The Fundamental Rights are enforceable. Whereas the directives are non  ¬justifiable and are more in the nature of positive affirmations of the state. However in recent time, some of theShow MoreRelatedThe Constitution Of Indian Constitution Essay1280 Words   |  6 Pagesâ€Å"Constitution is not a mere lawyers document, it is a vehicle of Life, and its spirit is always the spirit of Age.† -B. R. Ambedkar. Constitution is believed to be supreme law of a country. The word ‘Constitution’ is a French origin which is generally used for regulation and orders. Constitution means body of fundamental principles or established precedents according to which a state or other organisation is governed. Every country has its own constitution, which describes about duties, rules andRead MoreApplication of the Analytical School of Justice1805 Words   |  7 PagesINDIAN CONSTITUTIONAL LAW: APPLICATION OF ANALYTICAL SCHOOL John Austin is the inspiration of the Analytical School, which in turn drew his inspiration from Hobbes, and Bentham. According to Austin law is a command given by a superior to an inferior and enforced by material sanctions. Positive law is a creation of sovereign. It emphasizes that the sovereign is a superior and commands of the sovereign is law, and disobedience of commands is accompanied by punishment. Law is the expression ofRead MoreEvery Human Being in India has the Right to Education1814 Words   |  7 PagesThe right to education is a recognized fundamental human right of every human being. Every individual irrespective of his language, nationality, gender, race, religion or age is entitled to free elementary education. The right to education has been recognized as a universal human right by UDHR’s and is also incorporated in number of international conventions such as International Covenant on Economic, Social and Cultural Rights, 1966, The Convention on Elimination of All Forms of DiscriminationRead MoreJudicial Review And The Indian Courts1444 Words   |  6 Pages Submitted by- Pradyumna Soni 214048 JUDICIAL REVIEW AND THE INDIAN COURTS Introduction Judicial Review is basically an aspect of judicial power of the state which is exercised by the courts to determine the validity of a rule of law or an action of any agency of the state. The courts have the power of testing the validity of legislative as well as other governmental action with reference to the provisions of the constitution. The judiciary tries to undo the harm that is being done by the legislatureRead MoreThe Role Of Custodial Torture And Its Removal Of Body Parts Essay1560 Words   |  7 PagesMunn vs. People of Illinois observed that life is not merely an animal existence. The soul behind the bar cannot be denied the same because such person does not cease to be a human being. Just being in prison does not deprive them from their fundamental rights. International law prohibits torture and other forms of inhuman and degrading treatment, which cannot be accepted under any circumstances. One of the earliest measures was taken by the United Nations to abolish corporal punishment in colonialRead MoreIndian Democracy1376 Words   |  6 Pagesterms of the Constitution, which was adopted on 26 November, 1949 and came into force on 26 January, 1950. During the past fifty-three years there have been regular elections to the Parliament and state legislatures. This reflects the maturity and wisdom of the Indian electorate, in whom the ultimate power and sovereignty rests. With the passage of time, Indian voters have become more assertive and active as regards their participation in the process of democracy. The turnout of Indian voters has significantlyRead MoreThe Indian Judicial System1608 Words   |  7 PagesThe Indian Judicial System has always been vigilant about the rights of children for they are the most valuable assets of the nation. It goes as a fact that development of children in a society and the development of nation as a whole go hand-in-hand and the most potent role in achieving such development is played by Education. Keeping this in mind, the India Judiciary emerges as a sign of commitment towards eradication of poverty and illiteracy from the country. The emergence of Right to EducationRead More Democracy Essay1105 Words   |  5 Pagesprocedures that have been founded through a long history. In short, democracy is the institutionalization of freedom. For this reason, any society must possess time-tested fundamentals of constitutional government, human rights, and equality before the law to be properly called democratic. Democracies can be typified into two fundamental categories, direct and representative. In a direct democracy, all individuals, without the elected or appointed officials, can participate in making public decisionsRead MoreCodification Of Parliamentary Privileges- Why It Is Absolutely1396 Words   |  6 PagesABSOLUTELY NECESSARY? No law per to the provisions contained under Article 105(3)and 194(3) of the Constitution of India has been made so far with regard to the codification of the ‘other’ privileges, which is contrary to very intent and desire of the founding fathers. Even in the United Kingdom, the law with regard to the Parliamentary Privileges has undergone tremendous change since 1950, however, the Indian Legislatures have still not realized the need for a step to be taken towards the improvisationRead MoreIndi A Country Of Personal Laws1482 Words   |  6 Pagespersonal laws of all religious communities relating to the above matters which are all secular in character of Indian state and enhance fraternity of unity among citizens by providing them with a set of personal laws which incorporate the basic values of humanism. WHAT IS UNIFORM CIVIL CODE? Article 44 of the constitution of India lists Uniform Civil Code (Article 44 of the Constitution pledges for a uniform civil code. It runs as- â€Å"The State shall endeavor to secure for the citizens a uniform