Monday, April 1, 2019
Assignment On The Fundamental Rights
Assignment On The radical the actorful ways whole democratic tempers provide for the plug of sealed corrects, which atomic number 18 dependable and beyond the reach of the invoke. remedys arise from very favorable nature of valet and which atomic number 18 the external conditions necessary for the greatest possible havement of the capacities of the item-by-itemizedity. key Rights are sacro sanct and the supporting pillars of democracy as a form of organisation and as a way of flavor. . Democracy and inviolable fundamental objurgates go together. In this assignment I would like to elaborate the primal Rights nether the disposition of India. physical compositionalism is an achievement of the modern world. The following are the salient features of Indian Constitution.The longest written constitution in the worldThe idea of touristy sovereigntySupremacy of the constitution training for aboriginal RightsProvision for directing Principles of evince PolicyProvi des Parliamentary system of GovernmentProvision for secularism supporting(a) Socialistic pattern of societySovereign Democratic Re unexclusiveProvision for EmergencyProvides single citizenshipProvision for single integrated judiciaryFederalismThe constitution of India has a wonderful preamble. The preamble is an introduction to a Constitution. It proclaims the source, objectives and date of bankers acceptance of the constitution. The preamble of the Indian constitution reads as followsWE, THE PEOPLE OF INDIA, having solemnly unconquerable to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC country and to secure to whole its citizensJUSTICE, accessible, economic and politicalLIBERTY of thought, expression, belief, faith and venerateEQUALITY of status and of opportunityAnd to tug among them everyFRATERNITY guarantee the dignity of the individual(a) and the unity and oneness of the NationIN OUR dowery ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND repay TO OURSELVES THIS CONSTITUTION.Demand for Fundamental Rights in IndiaDuring the 19th century a adopt for cultivated rights in India took deep root. The Indians were subjects and non citizens chthonian British rule. earlier 1947 India did non have national liberty, and the individual, therefore, could never imagine to have individual sparedom with the complete set of guaranteed fundamental rights. As early in 1895, chthonic the inspiration of Bal Gangadar Thilak, a swaraj bill was prepared and this thought in terms of a constitution guaranteeing fundamental rights. In 1928, the Nehru Report speak of the need to have fundamental rights in the future constitution of India. In 1933, the Karachi session of the Indian National Congress adopted a event in favor of fundamental rights. But the British government did not accept the demand of the Indians to incorporate a list of fundamental rights in the constitutions introduced in India.Fundamental Rights A PrefaceThe Fundamental Rights, embodied in Part terzetto of the Constitution, guarantee civil rights to all Indians, and prevent the enounce from encroaching on individual liberty while simultaneously placing upon it an cartel to protect the citizens rights from encroachment by society. Seven fundamental rights were originally provided by the Constitution right to comparison, right to license, right against exploitation, right to immunity of religion, ethnic and educational rights, right to attri providede and right to constitutional remedies. However, the right to befittingty was removed from Part III of the Constitution by the 44th Amendment in 1978.The purpose of the Fundamental Rights is to preserve individual liberty and democratic principles base on comparability of all members of society. They act as limitations on the powers of the legislative assembly and executive, under denomination 13, and in case of some(prenominal)(prenominal) violation of these rights t he haughty chat up of India and the High Courts of asseverates have the power to declare such legislative or executive action as unconstitutional and void. These rights are by and large follow upable against the conjure up, which as per the wide definition provided in hold 12, holds not lone(prenominal) the legislative and executive wings of the federal and terra firma governments, but as well local administrative authorities and other agencies and instaurations which discharge in the public eye(predicate) functions or are of a governmental character. However, there are certain rights such as those in obliges 15, 17, 18, 23, 24 that are alike forthcoming against private individuals. Further, certain Fundamental Rights including those under expressions 14, 20, 21, 25 apply to persons of whatsoever nationality upon Indian soil, while others such as those under expressions 15, 16, 19, 30 are applicable exclusively to citizens of India.The Fundamental Rights are not absolute and are subject to reasonable restrictions as necessary for the aegis of public interest. The Fundamental Rights can be enhanced, removed or otherwise altered through a constitutional amendment passed by a two-thirds majority of each mansion house of Parliament. The imposition of a state of emergency whitethorn lead to a temporary suspension either of the Fundamental Rights, excluding expressions 20 and 21, by coif of the President. The President may, by order, suspend the right to constitutional remedies as swell, thereby barring citizens from approaching the Supreme Court for the enforcement of any(prenominal) of the Fundamental Rights, besides names 20 and 21, during the catamenia of the emergency. Parliament may also restrict the finishing of the Fundamental Rights to members of the Indian Armed Forces and the police, in order to ensure proper discharge of their duties and the maintenance of discipline, by a law do under Article 33.Classification of Fu ndamental RightsThe Constitution of India in part III provides for six categories of fundamental rights. They areRight to compareThe Right to Equality is one of the chief guarantees of the Constitution. It is embodied in Articles 14-16, which collectively encompass the ecumenic principles of equality before law and non-discrimination, and Articles 17-18 which collectively further the philosophy of brotherly equality. Article 14 guarantees equality before law as well as equal protection of the law to all persons within the stain of India. This includes the equal subjection of all persons to the authority of law, as well as equal handling of persons in similar circumstances The latter permits the articulate to classify persons for legitimate purposes, provided there is a reasonable fanny for the same, essence that the classification is required to be non-arbitrary, based on a regularity of intelligible differentiation among those sought to be classified, as well as have a rati onal relation to the object sought to be achieved by the classification.Article 15 prohibits discrimination on the pace only of religion, race, caste, sex, place of birth, or any of them. This right can be oblige against the State as well as private individuals, with regard to free access to places of public entertainment or places of public resort keep partly or wholly out of State funds. However, the State is not precluded from making special provisions for women and children or any socially and educationally backward classes of citizens, including the plan Castes and Scheduled Tribes. This exception has been provided since the classes of people mentioned therein are considered deprived and in need of special protection. Article 16 guarantees equality of opportunity in matters of public handicraft and prevents the State from discriminating against anyone in matters of employment on the grounds only of religion, race, caste, sex, descent, place of birth, place of residency or any of them. It creates exceptions for the implementation of measures of affirmative action for the benefit of any backward class of citizens in order to ensure adequate way in public service, as well as military reserve of an responsibility of any sacred instauration for a person professing that feature religion.The practice of untouchability has been declared an offence punishable by law under Article 17, and the Protection of Civil Rights Act, 1955 has been enacted by the Parliament to further this objective. Article 18 prohibits the State from conferring any titles other than military or donnish distinctions, and the citizens of India cannot accept titles from a foreign state.Right to independenceThe Right to Freedom is covered in Articles 19-22, with the view of guaranteeing individual rights that were considered vital by the framers of the Constitution, and these Articles also include certain restrictions that may be imposed by the State on individual liberty under sp ecified conditions. Article 19 guarantees six freedoms in the nature of civil rights, which are available only to citizens of India. These include the freedom of speech and expression, freedom of assembly, freedom of association without arms, freedom of movement throughout the territory of India, freedom to reside and settle in any part of the country of India and the freedom to practice any profession. All these freedoms are subject to reasonable restrictions that may impose on them by the State, listed under Article 19 itself. The grounds for imposing these restrictions vary fit in to the freedom sought to be restricted, and include national security, public order, decency and cleanity, scorn of court, incitement to offences, and defamation. The State is also empowered, in the interests of the general public to modify any trade, industry or service to the exclusion of the citizens.The freedoms guaranteed by Article 19 are further sought to be protected by Articles 20-22. Artic le 20 provides protection against arbitrary and excessive punishment to any person who commits an offence. Article 21 prevents the encroachment of life or personal liberty by the State except in congruity with the subprogram established by law. The Supreme Court also ruled that life under Article 21 meant more than a mere savage existence it would include the right to live with human dignity and all other aspects which made life meaningful, complete and worth living. Subsequent discriminatory interpretation has broadened the scope of Article 21 to include within it a number of rights including those to keep, clean environment, good health, speedy trial and humanitarian distributement while imprisoned. The right to education at elementary level has been made one of the Fundamental Rights under Article 21A by the 86th Constitutional amendment of 2002. Article 22 provides specific rights to arrested and detained persons, in particular the rights to be informed of the grounds of a rrest, consult a lawyer of ones own choice, be produced before a magistrate within 24 hours of the arrest, and the freedom not to be detained beyond that period without an order of the magistrate.Right against ExploitationThe Right against Exploitation, contained in Articles 23-24, lays stack certain provisions to prevent exploitation of the weaker sections of the society by individuals or the State. Article 23 prohibits human trafficking, making it an offence punishable by law, and also prohibits forced labor or any act of compelling a person to work without wages where he was legally entitled not to work or to receive remuneration for it. Article 24 prohibits the employment of children below the age of 14 to work in any grind or mine or in any other dotty employment. This has been provided to protect the health of future citizens, and also on the ground of humanity.Right to Freedom of ReligionThe Right to Freedom of Religion, covered in Articles 25-28, provides spectral freedo m to all citizens and ensures a secular state in India. match to the Constitution, there is no official State religion, and the State is required to treat all religions impartially and neutrally. Article 25 guarantees all persons the freedom of scruples and the right to preach practice and propagate any religion of their choice. This right is, however, subject to public order, morality and health, and the power of the State to take measures for social welfare and reform. The right to propagate, however, does not include the right to convert other individual, since it would amount to an infringement of the others right to freedom of conscience. Article 26 guarantees all religious denominations and sects, subject to public order, morality and health, to manage their own personal matters in matters of religion, set up institutions of their own for charitable or religious purposes, and own, acquire and manage property in accordance with law. These provisions do not derogate from the States power to acquire property belonging to a religious denomination. The State is also empowered to regulate any economic, political or other secular legal action associated with religious practice. Article 27 guarantees that no person can be compelled to pay taxes for the promotion of any particular religion or religious institution. Article 28 prohibits religious instruction in a wholly State-funded educational institution, and educational institutions receiving precaution from the State cannot compel any of their members to receive religious instruction or attend religious worship without their (or their guardians) consent.Cultural and educational RightsThe Cultural and Educational rights, given in Articles 29 and 30, are measures to protect the rights of cultural, linguistic and religious minorities, by enabling them to conserve their heritage and protecting them against discrimination. Article 29 grants any section of citizens having a distinct language, script culture of its own, the right to conserve and develop the same, and thus safeguards the rights of minorities by preventing the State from imposing any external culture on them. It also prohibits discrimination against any citizen for opening into any educational institutions maintained or aided by the State, on the grounds only of religion, race, caste, language or any of them. However, this is subject to reservation of a reasonable number of seats by the State for socially and educationally backward classes, as well as reservation of up to 50percent of seats in any educational institution run by a minority community for citizens belonging to that community.Article 30 confers upon all religious and linguistic minorities the right to set up and administer educational institutions of their choice in order to preserve and develop their own culture, and prohibits the State, while granting aid, from discriminating against any institution on the foundation of the fact that it is administered by a religious or cultural minority. The right under Article 30 can be availed of even if the educational institution established does not confine itself to the teaching of the religion or language of the minority concerned, or a majority of students in that institution do not belong to such minority. This right is subject to the power of the State to impose reasonable regulations regarding educational standards, conditions of service of employees, fee structure, and the economic consumption of any aid granted by it.Right to Constitutional RemediesThe Right to Constitutional Remedies empowers citizens to approach the Supreme Court of India seek enforcement, or protection against infringement, of their Fundamental Rights. Article 32 provides a guaranteed remedy, in the form of a Fundamental Right itself, for enforcement of all the other Fundamental Rights, and the Supreme Court is designated as the protector of these rights by the Constitution. The Supreme Court has been empowered to un freeze writs, namely habeas corpus, mandamus, prohibition, certiorari and quo-warranto for the enforcement of the Fundamental Rights The Supreme Court has the jurisdiction to enforce the Fundamental Rights even against private bodies, and in case of any violation, demo compensation as well to the affected individual. Exercise of jurisdiction by the Supreme Court can also be on the basis of a Public Interest Litigation. This right cannot be suspended, except under the provisions of Article 359 when a state of emergency is declared. leading Principles of State PolicyThe constitution of India envisages a welfare state for the country in which liberty, equality and fraternity will prevail. Part IV, from article 36 to 51 of the constitution 16 Articles deals with Directive Principles of State Policy. They are more or little elaboration of principles and ideals contained in the preamble of the constitution. They are the core of our commitment to the slow social revolution. They fix cer tain social and economic goals to be bring home the bacon through a non violent social revolution.ClassificationThe Directive Principles of State Policy is directed towards the establishment a welfare state in India. These positive guidelines can be broadly divided into three.Socialistic PrinciplesThe principles sort out in this category are socialistic twain in their vigilance and content. Article 38 of the constitution directs the state to secure a social order for the promotion of the people. Article 39 of the constitution briefly lays down the basic philosophy of democratic socialism. It directs the state to secure,Adequate means of livelihood both for men and womenFair distribution of resources, that is, ownership and control of clobber resources of the community are so distributed as best to subserve the joint good.The wealth of the nation should not be concentrated in the custody of a fewEqual pay for equal work for both men and womenThe children are given opportunitie s and facilities to develop in a bouncing manner and that childhood and youth are protected against exploitation and against moral and material abandonmentArticle 41 provides for right to work, to education and to public assistance. Article 42 directs the state to make provision for securing just and clement conditions of work and for maternity relief. Article 43 directs the state to provide a living wage and conditions of work etc.Gandhian PrinciplesCertain principles of state policy seek to organize the new order in accordance with some Gandhian principles, Article 40 says the state shall take step to organize village panchayaths and endow them with such powers and authority as may be necessary to enable them to function as units of self government. Article 43 directed the state to promote cottage industries in an individual and cooperative basis in rural areas.According to the Article 46, the state shall promote with special care educational and economic interests of the weake r sections of the people, and in particular, of the Scheduled Castes and Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation. Article 47 directs that the state shall regard raising the level of nutritionLiberal PoliciesDirective principles under this category direct the state to secure for all citizens a uniform civil code to the people belonging to different religions. Article 45 directs that the state shall endeavor to provide and compulsory education. Article 49 provides that it is the obligation of the state to protect monuments or place or object of artistic or historic interest, from spoliation, disfigurement, destruction, removal, disposal or export .Article 50 directs the state to take steps to separate the judiciary from the Executive in the public services of the state. Article 51 stands for the promotion of international recreation and security.Fundamental DutiesThe following are the Fundamental Duties prescribed by the Constituti on of the nation under PART IV-A to its every citizen(a)To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.(b)To cherish and follow the imposing ideals which inspired our national struggle for freedom.(c)To uphold and protect the sovereignty, unity and integrity of India.(d)To defend the country and render national service when called upon to do so.(e)To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities to renounce practices derogatory to the dignity of women.(f)To apprise and preserve the rich heritage of our composite culture.(g)To protect and improve the pictorial environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.(h)To develop the scientific temper, humanism and the spirit of inquiry and reform.(i)To safeguard public property and to draw back violence.(j)To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.ConclusionThe Fundamental Rights embodied in the Indian constitution acts as a guarantee that all Indian citizens can and will lead their lives in counterinsurgency as long as they live in Indian democracy. These civil liberties take precedence over any other law of the land. They include individual rights common to most liberal democracies, such as equality before the law, freedom of speech and expression, freedom of association and peaceful assembly, freedom of religion, and the right to constitutional remedies for the protection of civil rights such as habeas corpus. The directing principles are aiming at the welfare state. The fundamental duties are for the establishment of a just nation which is socially committed. So all of these are of the essence(p) for the survival of a transparent democracy. Modern Social Work i s passing based on the rights of individuals. So knowledge of rights and duties become quite probative in the social work as a profession and as an area of study.