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The Preamble of the Constitution of India – India declaring itself as a country. The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State. These sections are considered vital elements of the ...
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 .
Fundamental rights primarily protect individuals from any arbitrary state actions, but some rights are enforceable against individuals. [11] For instance, the Constitution abolishes untouchability and also prohibits begar. These provisions act as a check both on state action as well as the action of private individuals.
The Fundamental Rights and Fundamental Duties of the citizens of India address freedom and democracy in the country, and the Directive Principles guide the Government in making laws and policies. The Fundamental Rights are basic human freedoms which every citizen of India has the right to enjoy for a proper and harmonious development of his ...
Articles 6–11 refer to the fundamental legality of human rights with specific remedies cited for their defence when violated. Articles 12–17 set forth the rights of the individual towards the community, including freedom of movement and residence within each state, the right of property, the right to a nationality and right to asylum.
The Bill of Rights lists specifically enumerated rights. The Supreme Court has extended fundamental rights by recognizing several fundamental rights not specifically enumerated in the Constitution, including but not limited to: The right to interstate travel [15] The right to parent one's children [16] The right to privacy [17] The right to ...
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 43rd and 44th Amendments repealed the 42nd Amendment's provision that Directive Principles take precedence over Fundamental Rights, and also curbed Parliament's power to legislate against "anti-national activities". The 42nd Amendment also added a new section to the Article on "Fundamental Duties" in the Constitution.