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[note 1] These sections are considered vital elements of the constitution, which was developed between 1949 by the Constituent Assembly of India. The Fundamental Rights are defined in Part III of the Indian Constitution from article 12 to 35 and applied irrespective of race, birth place, religion, caste, creed, sex, gender, and equality of ...
The Supreme Court has ruled [12] that all provisions of the Constitution, including fundamental rights, can be amended, but that Parliament cannot alter the basic structure of the constitution. Since the fundamental rights can be altered only by a constitutional amendment, their inclusion is a check not only on the executive branch but also on ...
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 (defined in Part III of the Constitution of India) universally apply to all citizens, irrespective of race, place of birth, religion, caste, creed, colour or sex.
According to Granville Austin, "The Indian constitution is first and foremost a social document, and is aided by its Parts III & IV (Fundamental Rights & Directive Principles of State Policy, respectively) acting together, as its chief instruments and its conscience, in realising the goals set by it for all the people."
The Constitution (First Amendment) Act, 1951, enacted in 1951, made several changes to the Fundamental Rights provisions of the Indian constitution.It provided means to restrict freedom of speech and expression, validation of zamindari abolition laws, and clarified that the right to equality does not bar the enactment of laws which provide "special consideration" for weaker sections of society.
Fundamental Rights cannot be abridged or taken away by the amending procedure in Art. 368 of the Constitution. An amendment to the Constitution is 'law' within the meaning of Art. 13(2) and is therefore subject to Part III of the Constitution. Decision by: K. Subba Rao (Chief Justice) with J.C. Shah, S.M. Sikri, J.M. Shelat, C.A. Vaidiyalingam
The Eighty-sixth Amendment of the Constitution of India, provides Right to Education for the age of six to fourteen years and Early childhood care until the age of six.It has inserted Article 21A [1] (Right to Education as a Fundamental Right) & replaces Article 45 (Early Childhood Education) of Directive principles of State policy and amended Article 51A (Fundamental Duties) to add new duty ...
The Twenty-fourth Amendment of the Constitution of India, officially known as The Constitution (Twenty-fourth Amendment) Act, 1971, enables Parliament to dilute Fundamental Rights through Amendments of the Constitution. It also amended article 368 to provide expressly that Parliament has power to amend any provision of the Constitution.