Unit - 1
Constitution of India
1.In 1938, Jawaharlal Nehru, on behalf of the INC declared that ‘the Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected based on the adult franchise’.
2. The demand was finally accepted in principle by the British Government in what is known as the’ August Offer’ of 1940. In the 1942, Sir Stafford Cripps, a member of the cabinet, came to India with a draft proposal of the British Government on the framing of an independent Constitution to adopt after World War II.
3. The Cripps Proposals were rejected by the Muslim League which wanted India to be divided into two autonomous states with two separate Constituent Assemblies. Finally, a Cabinet Mission sent to India. It rejected the idea of two Constituent Assemblies, it put forth a scheme for the Constituent Assembly which is more or less satisfied the Muslim League.
4. It was under the Cabinet Mission Plan of 1946 that the Constituent Assembly was constituted to frame a Constitution for India: The Constituent Assembly, which had been elected for undivided India and held its first sitting on December 9, 1946, reassembled on August 14, 1947, as the sovereign Constituent Assembly for the Dominion of India.
5. It was elected by indirect election by the members of the Provincial Legislative Assembly (Lower House only), according to the scheme recommended by the Cabinet Delegation. The essentials of the scheme are as follows –
The Provinces elected 292 members while the Indian States were allotted a maximum of 93 seats.
The seats in each province were distributed among the three main committees Muslim, Sikh, and General, in proportion to their respective population.
Members of each community in the Provincial Legislative Assembly elected their representatives by the method of proportional representation with a single transferable vote,
The method of selection in the case of representatives of Indian States was to be determined by consolation. As a result of Partition under the Plan of June 3, 1947, a separate Constituent Assembly was set up for Pakistan. The representatives of the Bengal, Punjab, Sind, North-Western Frontier Province, Baluchistan and the Sylhet district of Assam (which had joined Pakistan by a referendum) ceased to be members of the Constituent Assembly of India, and a fresh election was held in the new Provinces of West Bengal and East Punjab. (Hence, when the Constituent Assembly reassembled on Oct. 31, 1947) the members of the House were reduced to 299. Of these 284 were present on Nov. 26, 1949, and appended their signatures to the Constitution as finally passed.
Meaning:
Indian Constitution
The Constitution of India is the highest law in India. It establishes the framework that defines the basic political principles, establishes the structure, procedures, powers and obligations of government agencies, and defines the basic rights, principles of directives, and obligations of citizens. It is the longest sovereign constitution in the world and contains 448 articles in 25 parts, 12 schedules, 5 appendices and 98 amendments. In addition to the English version, there is an official Hindi translation. Dr. Bhimrao Ramji Ambedkar is widely regarded as the father of the Indian Constitution. The constitution follows a parliamentary government, and the administration is directly responsible to the legislature. Article 74 stipulates that the Prime Minister of India is the head of government. It also stipulates that the President of India and the Vice President of India will be appointed under Articles 52 and 63. Unlike the prime minister, the president plays a predominantly ceremonial role. The Indian Constitution is essentially a federal government. Each state of India and each Union Territory has its own government.
Constitutionalism
Constitutionalism is a political philosophy based on the idea that government authority comes from the people and should be limited by a constitution that clearly states what the government can and cannot do. The idea is that the state cannot do what it wants to do, but is bound by laws that limit its powers. Constitutionalism has a vibrant history among the British, and that tradition has been passed down to us in other countries, especially as Americans. Let's dig deeper and learn more about constitutionalism.
Key takeaways:
1919 Act
The Government of India Act 1919 was an act of the British Parliament that sought to increase the participation of Indians in the administration of the country. The act was based on the recommendations of report by Edwin Montagu, the then Secretary of State for the India, and Lord Chelmsford, India’s Viceroy between 1916 and 1921. Hence the constitutional reforms set forth by this act are known as Montagu-Chelmsford reforms or Montford reforms.
Executive:
Legislature:
Central government
Executive:
Central government
Executive:
Legislature:
A bicameral legislature was set up with two houses – Legislative Assembly (forerunner of the Lok Sabha) and the Council of State (forerunner of the Rajya Sabha).
Legislative Assembly (Lower House)
Members of the Legislative Assembly:
During the World War the Great Britain and her allies had said that they were fighting the war for the freedom of the nations. Many Indian leaders believed that after the war is over, India would be given Swaraj. The British government however had no intention of conceding the demands of Indian people. Changes were introduced in the administrative system as a result of the Montagu-Chelmsford Reforms, called the Government of India Act, 1919.
Government of India Act 1919 was passed by British Parliament to further expand the participation of Indians in the Government of the India. Since the act embodied reforms as recommended by a report of Edwin Montagu {Secretary of State for India} and Lord Chelmsford {Viceroy and Governor General}, it is also called as Montague-Chelmsford Reforms or simply Mont-Ford Reforms. The most notable feature of the act was “end of benevolent despotism” and introduction of responsible government in the India. This act covers 10 years from 1919 to 1929.
Edwin Samuel Montagu had remained the Secretary of State for India between 1917 and 1922. He was a critic of the system by which India was administered. On 20 August 1917, he made a historic declaration in the House of Commons in British Parliament which is called “Montague declaration”. The theme of this declaration was increasing association of Indians in every branch of administration and gradual development of self-governing institutions and responsible government in India.
In November 1917, Montague had visited India to ascertain views from all sections of polity including talks with Gandhi and Jinnah. A report on Constitutional Reforms in India {Mont-Ford Report} was published on 8th July, 1918. This report became the basis of Government of India Act 1919. Key features of this report were as follows:
Increasing association of Indians in every branch of administration.
Gradual development of self-governing institutions with a view to the progressive realization of responsible government in India as an integral part of the British Empire.
Progress towards responsible government in successive stages.
Preamble
The Government of India Act 1919 had separate Preamble. Key points of preamble were as follows:
India to remain as an integral part of British Empire.
Gradual decentralization of authority with loosening the supreme hold of the central government. Thus, preamble of this act suggested for a decentralized unitary form of government.
The time and manner towards goal of responsible government will be decided by the British Parliament.
Partial responsibility in provinces, but no change in character of the central government.
1935 Act
On August 1935, Government of the India passed longest act i.e., Government of India Act 1935 under the British Act of Parliament. This act also includes the Government of Burma Act 1935. According to this act, India would become a federation if 50% of Indian states decided to join it. They would then have a large number of representatives in the two houses of the central legislature. However, the provisions with regards to federation were not implemented. The act made no reference even to granting dominion status, much less independence, to India.
With regard to the provinces, the act of 1935 was an improvement on the existing position. It introduced what is known as provincial autonomy. The ministers of the provincial governments, according to it, are to be responsible to the legislature. The powers of the legislature were increased. However, in certain matters like the Police, the government have the authority. The right to vote also remained limited. Only about 14% of the population got the right to vote. The appointment of governor-general and governors, of course, remained in the hands of the British government and they were not responsible to the legislatures. The act never came near the objective that the nationalist movement had been struggling for.
Features of the Act
1. It provided for the establishment of an All-India Federation consisting of provinces and princely states as units. The Act divided the powers between the Centre and units in terms of three lists—Federal List (for Centre, with 59 items), Provincial List (for provinces, with 54 items) and the Concurrent List (for both, with 36 items). Residuary powers were given to the Viceroy. However, the federation never came in being as the princely states did not join it.
2. It abolished dyarchy in the provinces and introduced ‘provincial autonomy’ in its place. The provinces were allowed to act as the autonomous units of administration in their defined spheres. Moreover, the Act introduced responsible governments in provinces, that is, the governor was required to act with the advice of ministers responsible to the provincial legislature. This came into effect in 1937 and was discontinued in 1939.
3. It provided for the adoption of dyarchy at the Centre. Consequently, the federal subjects were divided in reserved subjects and transferred subjects. However, this provision of the Act did not come into operation at all.
4. It introduced bicameralism in six out of eleven provinces. Thus, the legislatures of Bengal, Bombay, Madras, Bihar, Assam and the United Provinces were made bicameral consisting of a legislative council (upper house) and a legislative assembly (lower house). However, many restrictions were placed on them.
5. It further extended the principle of communal representation by providing separate electorates for depressed classes (scheduled castes), women and labour (workers).
List of British Viceroys during British India
The main objectivity of the act of 1935 was that the government of India was under the British Crown. So, the authorities and their functions derive from the Crown, in so far as the crown did not itself retain executive functions. His conception, familiar in dominion constitutions, was absent in earlier Acts passed for India.
Hence, the act of 1935 served some of the useful purposes by the experiment of provincial autonomy, thus we can say the Government of India Act 1935 marks a point of no return in the history of constitutional development in India.
The Constituent Assembly of India was elected to write the Constitution of India. It was elected by the 'Provincial Assembly'. Following India's independence from British Government in 1947, its members served as the nation's first Parliament.
An idea for the Constituent Assembly was proposed in 1934 by M. N. Roy, a pioneer of the Communist movement in India and an advocate of radical democracy. It became an official demand of the Indian National Congress in 1935, C. Rajagopalachari voiced the demand for the Constituent Assembly on 15 November 1939 based on an adult franchise, and was accepted by the British in August 1940.
On 8 August 1940, a statement was made by Viceroy Lord Linlithgow about the expansion of the Governor-General's Executive Council and the establishment of a War Advisory Council. This offer, known as the August Offer, included giving full weight to minority opinions and allowing Indians to draft their own constitution. Under the Cabinet Mission Plan of 1946, election was held for the first time for the Constituent Assembly. The Constitution of the India was drafted by the Constituent Assembly, and it was implemented under the Cabinet Mission Plan on 16 May 1946. The members of the Constituent Assembly were elected by provincial assemblies by a single, transferable-vote system of proportional representation. The total membership of Constituent Assembly was 389 of which 292 were representatives of the provinces, 93 represented the princely states and 4 were from the chief commissioner provinces of Delhi, Ajmer-Merwara, Coorg and the British Baluchistan.
Composition and Functions
Initially, the number of members was 389. After partition, some of the members went to Pakistan and the number came down to the 299. Out of this, 229 were from the British provinces and 70 were nominated from the princely states.
Dr. Sachchidananda Sinha was the first temporary chairman of the Constituent Assembly. Later, Dr. Rajendra Prasad was elected as the President and its Vice President was the Harendra Coomar Mookerjee. BN Rau was the constitutional advisor.
Constituent Assembly of India was set up under Cabinet Mission Plan of 1946. It consisted of 385 members, of which 292 were elected by elected members of provincial Legislative Assemblies while 93 members were nominated by the Princely States. It also had one representative each from the four chief Commissioners provinces of Delhi, Ajmer-Marwar, Coorg and British Baluchistan.
B N Rao was the Constitutional Advisor of the Assembly. Dr. Rajendra Prasad was elected as its president.
Key takeaways:
1. World's Longest Constitution
The Indian Constitution contains 395 articles and 12 schedules, making it world's longest written constitution. Just compare it with other countries Constitutions. For example, the UK has no written constitution, while the US Constitution contains only seven articles.
Not only have this but since 1951 about 90 articles and more than 100 amendments been added. However, since articles are not added separately as part of an existing article (e.g., Article 21A, 35A etc.) the total number of articles remains same at 395.
2. Taken from various sources
The Indian Constitution was framed from multiple sources including the 1935 Government of India Act and Other Countries Constitutions.
3. Federal System with Unitary Features
Federal System with the Unitary the Indian Constitution includes all the federal characteristics of the governance such as dual government system (center and state), division of powers between the three state organs (executive, judiciary and legislature), constitutional supremacy, independent judiciary and bicameralism (lower and upper house).
Nevertheless, the Indian Constitution is unique in that form it includes many unitary features such as a strong center, all India services common to the center and the states, emergency provisions that can transform the Constitution into a unitary one, if necessary, appointment of governors by president on advice of the center, etc.
Indeed, Article 1 clearly states that India is a ' Union of States ' rather than a federation of States. In India, the states did not come together to form the center (or Union) like in the case of the USA which is the purest form of a federation. Rather, for administrative convenience, it is the center that created the states. Article 3 of the Indian Constitution gives Parliament the sole authority to create new states clearly indicating that the Indian Constitution is of a unitary nature with certain federal characteristics.
4. Parliamentary Form of Government
On the pattern of the British parliamentary system of government, the Indian Constitution has opted for the parliamentary form of government. The key characteristics of the parliamentary form of government are:
5. Balance between the Sovereignty of Parliament and the Judicial Supremacy
A fine balance has been struck between the parliamentary sovereignty and judicial supremacy by the Indian Constitution. The Supreme Court is vacuumed by Articles 13, 32 and 136 with the power of judicial review. By its power of the judicial review, it can strike down any parliamentary law as unconstitutional.
On the other hand, the Parliament, being a representative of the people's will, has the authority to make laws, and it can also amend the major part of the Constitution through its video vested powers under Article 368.
6. Independent and Integrated Judicial System
a) In India, unlike the United States where there is a two-tiered judiciary, a single judicial system prevails with the Supreme Court at the top, the State and District High Courts and other subordinate courts below and subject to the supervision of the High Courts.
b) It is the duty of all levels of courts in India to enforce both central and state laws unlike in the US, where federal courts adjudicate on federal matters and state courts on state matters.
c) Not only is the judiciary system well fully integrated in India, but because of the following provisions it is also independent.
d) Appointment of judges of Supreme Court and High Courts by collegium system
e) Removal of judges in Parliament through an impeachment procedure that is very difficult to pass.
f) Supreme Court judges’ salaries, pensions, and allowances are charged to India's Consolidated Fund
g) Power to punish for self – disregard
h) Ban on judges’ practice after retirement…etc.
7. Directive Principles of State Policy
In Part IV of the Constitution, Directive Principles of State Policies (DPSPs) aims to make India a welfare state. Therefore, Dr. B.R. Ambedkar calls the Directive Principles as Indian Constitution's novel feature. The Principles of the Directive are inherently unjustifiable, that is, they are not enforceable for their violation by the courts.
Their usefulness, however, lies in their moral obligation to apply these principles to the state in making laws. Such as, the principles of the directive are fundamental to the country's governance.
8. Combination of rigidity and flexibility
The Indian Constitution strikes the fine balance between rigidity and flexibility when it comes to ease of modification. Article 368 lays down two types of modifications:
1. Some provisions may be amended by a special parliamentary majority, i.e., a 2/3rd majority of the members of each House present and vote and majority (i.e., more than 50 %) of each House's total membership.
2. Some other provisions can be amended by the special parliamentary majority and with half of the total states ratifying them. This ensures that with the widest possible majority, the Constitution is amended. At the same time, in the manner of ordinary legislative process, certain provisions of the Constitution can be amended by a simple majority of Parliament. Such amendments are not within the scope of Article 368.
Key takeaways:
Fundamental rights and the duties are the basic rights of an Indian Citizen in the Indian Constitution. These fundamental duties and rights apply to all the citizens of the country irrespective of the religion, gender, caste, race, etc. In this article, we will learn more about these Fundamental Rights and Duties in Indian Constitution.
Basic idea about Articles 12-35
Articles 12-35 constitute Part III of the Indian Constitution. Let us have a deeper look at the articles which talk about the fundamental duties and rights of an Indian Citizen.
1. Articles 14-18: Right to Equality
These articles talk about the equal rights for all the citizens of the country irrespective of their caste, class, creed, gender, place of birth, or race. It says that there must be equal opportunities with regard to employment and other aspects. These articles also work towards the abolition of orthodox practices that have been taking place in the country.
2. Articles 19-22: Right to Freedom
This is one of the most important rights in the country whose foundation is based on Democracy. The Indian constitution says that the citizens of the country have freedom in various regards. The freedom rights in the Indian Constitution include freedoms of
a) Expression
b) Speech
c) Assembly without arms
d) Association
e) Practicing any profession
f) Residing in any part of the Country
However, these rights are subjective. This further implies that the state has the right to impose restrictions on the rights depending upon the situation.
3. Articles 23-24: Right against Exploitation
These articles talk about exploitation of humans and their rights. It prohibits any activities that encourage the child labor, human trafficking, and other forms of forced labor. This article also prevents the state from imposing any compulsory service for public purposes. Also, while making such compulsions, the state shall not discriminate against anyone on the basis of caste, creed, gender, etc.
4. Articles 25-28: Right to Freedom of Religion
India, a secular country, consists of people from varied religions and faiths and therefore, it becomes of utmost importance that we and the constitution of Indian support freedom of religion. Under the article, the state can be prevented from making the laws that
Might be associated with a specific religious practice.
Opening Hindu religious institutions of a public character.
5. Articles 29-30: Cultural and Educational Rights
These are the articles that work towards the protection of the rights of cultural, religious, and linguistic minorities by aiding them to preserve their heritage and culture. The state is supposed to have no official religion. These articles grant all the citizens the right to worship any religion of their choice. Under these articles, the state cannot hold the right to discriminate against any educational institution on the basis of it being a minority-run institution.
6. Articles 30-35: Right to Constitutional Remedies
These articles bind all the previously mentioned as this right makes sure that all the other fundamental rights are not being violated in any case. If any citizen of the country feels that rights are being violated, they have the right to approach the court and demand justice. Under these articles, the Supreme Court also holds the power of issuing writs against activity that it might find unsuitable.
Herein, the parliament holds the power control the rights that are being given to –
a) Army personnel
b) Bureaucrats
c) Members in charge of maintenance of public order
44TH AMENDMENT ACT
The 44th amendment was introduced to the constitution by the 45th Amendment bill in the year 1978. This act of the Indian Constitution initiated back in the year 1976 by the Janata Government. It said that during the 42nd amendment of the constitution, lot of bills were passed without the consent of the citizens of the country, therefore, to safeguard the interests of the nation, the 44th Amendment was needed. All the amendments that made by the 42nd amendment was nullified by this act.
Some provisions by the 44th Amendment include –
TYPES OF WRITS – THE ENFORCEMENT OF THE FUNDAMENTAL RIGHTS
Under article 32 and 226, the high court and the supreme court of India have the right to issue writs in the forms of Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto. In layman terms, a writ is a written notice by the Supreme Court or the high court that demands constitutional remedies for the citizen whose fundamental right has been violated. Furthermore, the constitution grants the power to the parliament to demand a writ from the Supreme Court due to one of the reasons. The different types of writs are -:
1. Habeas Corpus
The Latin meaning of the word is, ‘may have the body’. This writ is issued in regard to call an illegally detained person, to be present in front of the court. Further proceedings of the court decide whether the person needs to be in the detention of the law or to be let free. This writ is used in the cases when –
2. Mandamus
The means of the word, ‘Mandamus’ is ‘We command’. it's a notice that's offered by the court to the general public body, judicature, public official, government, or judicature in relevance reminding them of their duties that they need been ignoring for a short while. Thanks to its reminding principle, some individuals additionally term it to be a ‘wakening call’. However, a judicial writ cannot be issued against a personal individual or a personal body, if their duty isn't necessary, to enforce some reasonably a personal contact, against the governors of the president of the state, or against the operating chief.
3. Prohibition
This judicial writ legal document legal instrument official document instrument} is additionally popularly referred to as the writ of ‘Stay Order’. It may be issued to associate degree judicature or a quasi-judicial body so as to ban them from carrying forward the proceedings of a specific case. This legal document will solely be issued against a legal body.
4. Certiorari
Which means of ‘Certiorari’ is ‘to certify’. This legal document may be issued by the Supreme Court or the state supreme court to reverse the order that has already been gone by associate degree judicature, quasi-judicial authority, or a judicature.
5. Quo-Warranto
This term suggests that, ‘What is your Authority?’ This legal document is issued in relevance prohibiting an individual from holding a place to that he's not entitled to. The legal document expects the involved person to clarify the court of law concerning the authority to that is holding a place. Per his rationalization, the court will take additional selections on whether or not he shall be allowed or the place has to be vacated.
Article 51A
Upon the advice of the Swaran Singh Committee, the elemental duties of a national were supplementary to the constitution below the forty second modification. Article 51A consists of half IV-A of the Constitution of Bharat. The eleven elementary duties that square measure to be obeyed by all the voters of the country square measure mentioned during this article are; -
1. To abide by the Indian Constitution and respect its constitution, anthem, and also the allegory.
2. Follow the Noble ideals that impressed the national struggle for freedom.
3. Shield and uphold the sovereignty, integrity, and unity of the country.
4. To defend the state and render national services once asked to try to thus.
5. Promote the spirit of Brotherhood and fraternity within the country.
6. To try for excellence.
7. To shield the atmosphere of the state.
8. Shield the culture of the state.
9. To be protecting of belongings.
10. To get a scientific principle for each thought.
11. Responsibility of all the oldsters to send their kids to high school between the age of half dozen and fourteen.
Criticism of elementary Rights of Bharat
Some of the criticisms that the elemental rights of our country have received over the years embody.
1. Lack of Clarity
As explicit by Sir Ivor Jennings, the Indian constitution could be a treat for the lawyers. This was aforementioned as a result of it's believed that the Constitution of Bharat was created by the lawyers, for the lawyers. The difficult terms within the Constitution square measure on the far side the understanding of a commoner. The terms used square measure imprecise and ambiguous in nature.
2. Suspension of rights throughout emergency
During a national emergency, the parliament holds the correct to suspend the elemental rights of the voters of the country. Hence, they're not utterly within the hands of the voters, however the authorities hold the powers to suspend them as and once required.
3. Excessive Limitations
It is believed that the elemental rights don't seem to be clearly explicit and additionally hold plenty of limitations to them. These rights square measure subjected to variety of exemptions and restrictions. The critics believe that once the constitution grants its voters elementary rights with one hand, it additionally takes them away with the opposite.
4. No Social and Economic Rights
The fundamental rights solely carry with it political rights and no social or economic rights square measure visible within the list. No rights like Right to Social Security, right to education, right to figure square measure mentioned within the list of elementary rights. Shall even be noted that these rights square measure granted to the voters in a number of the opposite advanced Democratic nations.
5. An upscale Remedy
It states that if any of the rights of a national is profaned, then he has the authority to approach the court. But one cannot ignore the actual fact that the court proceedings demand plenty of cash and energy. A standard man thinks double before approaching the court to urge his rights.
Significance of elementary Rights of Bharat
The fundamental rights play a serious role within the democracy of the state. They act as a bedrock to democracy as they guarantee equality to the voters of the state. Thanks to the principle of equality, one will guarantee dignity and respect within the country. These rights apply to a person as a protection against his can and expression. These rights facilitate to get down the stone for social justice and equality amongst the voters. Moreover, they aid to strengthen the laic nature of the country.
Enforcement of elementary Duties of Bharat
The fundamental duties square measure the duties that a national himself must look out of. Court cannot enforce these duties. No legal document may be issued in relevance the below fulfilment or the over fulfilment of the elemental duties. However, in relevance the environmental contribution, the Supreme Court holds the central government accountable and expects it to require variety of steps to create it effective. The voters got to monitor their own efforts within the case of elementary duties. These square measures termed to be the ethical obligations of a national, that don't seem to be obligatory in nature.
Recent issues keeping in mind the proper to Education, the state Government place a ban on the physical phenomenon of on-line categories amidst the pandemic.
1. In response to a petition filed by the political parties of province, the Supreme Court proclaimed that Reservation isn't an elementary right.
2. On the protests regarding the CAA, the Supreme Court same to the folks complaining in Delhi’s Shahen Bagh that they are doing have a right to protest however there should be a reconciliation issue.
Key takeaways:
After browsing the elemental Rights, you need to have determined and completed that reciprocally for each right, the society expects the voters to try and do sure things that are jointly referred to as duties. Some such necessary duties are incorporated within the Indian Constitution conjointly. The first Constitution implemented on twenty sixth Gregorian calendar month,
1950 didn't mention something regarding the duties of the national.
It was expected that the voters of free Bharat would perform their duties volitionally. However, things didn't go needless to say. Therefore, 10 elementary Duties were value-added in Part-IV of the Constitution beneath Article 51-A within the year 1976 through the forty second Constitutional modification. However, whereas elementary Rights are justifiable, the elemental Duties are non-justifiable. It means the violation of elementary duties, i.e., the non-performance of those duties by voters isn't punishable. The subsequent 10 duties are listed within the Constitution of India:
1. To abide by the Constitution and respect its ideals and establishments, the flag, National Anthem;
2. To care for and follow the noble ideals that impressed our national struggle for freedom;
3. To uphold and defend the sovereignty, unity and integrity of India;
4. To defend the country and render service once referred to as upon to do;
5. To push harmony and therefore the spirit of common brotherhood amongst all the folks of Bharat and to renounce practices disparaging to the dignity of women;
6. to price and preserve the made heritage of our composite culture;
7. To safeguard and improve the natural environments together with forests, lakes, rivers and wildlife;
8. To develop the scientific temper, humanism and therefore the spirit of inquiry and reform;
9. To safeguard belongings and to not use violence; and
10. To serve towards excellence altogether spheres of individual and collective activity.
Besides, a replacement duty has been value-added once the passage of Right to Education Act, 2009. “A parent or guardian has got to give opportunities for the education of his child/ward between the age of six and fourteen years.
Nature of elementary Duties
These duties are within the nature of a code of conduct. Since they're indefensible, there's no legal sanction behind them. As you may realize, a couple of those duties obscure. For instance, a standard national might not perceive what's meant by ‘composite culture’, ‘rich heritage’ ‘humanism’, or ‘excellence altogether spheres of individual and collective activities. they'll notice the importance of those duties only if these terms are simplified a requirement has been made up of time to time to revise this list, change their language and build them a lot of realistic and purposeful and add some desperately needed a lot of realistic duties. As way as attainable, they must be created excusable.
The Relationship Between the elemental Rights, Directive Principles and elementary Duties.
Directive Principles are accustomed uphold the Constitutional validity of legislation just in case of conflict with elementary Rights. Per the modification of 1971, any law that despite the fact that it deviates from the elemental Rights, however has been created to convey impact to the Directive Principles in Article 39(b) (c) wouldn't be deemed invalid. The elemental Duties are command obligatory for all voters subject to the State implementing an equivalent by means that of a legitimate law.
Key takeaways:
. To care for and follow the noble ideals that impressed our national struggle for freedom to safeguard belongings and to not use violence
4. Besides, a replacement duty has been value-added once the passage of Right to Education Act, 2009. “A parent or guardian has got to give opportunities for the education of his child/ward between the age of six and fourteen years.
5. The Relationship Between the elemental Rights, Directive Principles and elementary Duties.
Directive Principles
These are enclosed partially IV of the Constitution. For the framing of sure Laws, the govt. needs sure pointers. These are enclosed within the Directive Principles of State Policy. Per Article thirty-seven, they're not enforceable by the courts. It simply lays down {the elementary the elemental the basic} principles and pointers on that {they are} based mostly are fundamental pointers for governance that the State got to follow whereas planning the laws. Stress is on the Welfare of State Model.
The institution of Directive Principles of State Policy is in accordance with sure articles of the Constitution of Bharat.
Allow us to explore a lot of regarding the importance of those articles.
Article 37: Non-enforceability in court
Article 39A: Securing participation of staff in management of industries
Article forty-one – 43: Mandate the state to endeavour to secure to any or all voters right to figure, salary, security, maternity relief and an honest customary of living
Article 43:
Promotion of industries
Establishment of many Boards for the promotion of textile and different handlooms
Article 45:
Free and mandatory education to kids between people of 6-14
After 2002 modification childhood care ordinance was shifted to below half dozen years
Article 47:
Raise the quality of living and improve public health
Prohibition of consumption of intoxicating drinks and medicines injurious to health
Article 48:
Organize agriculture and husbandry on trendy and scientific lines
Article 48A: Protection of the atmosphere and safeguard the forests and life of the country.
Article 49: Preservation of monuments and objects of national importance
Importance of DPSP
The DPSP covers Articles 36-51 of Part IV of the Constitution.
It refers to the protection of women in the country, environmental protection, rural growth and development, decentralization of power, unified civil law, etc., which are essential in making the law for the "welfare state". It is considered to be some of the things.
It cannot be justified, but it does provide a set of guidelines for the government to function domestically.
Implementation of directive principles
As mentioned above, unlike the basic rights guaranteed by the Constitution of India, the Directive Principles have no legal sanctions and cannot be enforced in court. However, the state is making every effort to implement the Directive Principles in as many areas as possible. Notable implementation is the 86th Constitutional Amendment in 2002, which inserts a new article, Articles 21-A, requiring free education for children under the age of 14. The Cruelty Prevention Act, some Land Reform Act, and the Minimum Wage Act (1948), which protect the interests of SC and ST, are some other examples of the implementation of the Directive Principles. Based on the guidelines of the Directive Principles, the Indian Army participated in 37 United Nations peacekeeping operations.
Key takeaways:
Union-State relations
India could be a union of states. The constitution of India has divided the legislative, government and monetary powers between the Centre and therefore the states, which provides the constitution a federal character whereas judiciary is integrated during a hierarchical data structure.
The center-state relations square measure divided into 3 components, that square measure mentioned below:
(A) Legislative Relations (Article 245-255)
(B) Body Relations (Article 256-263)
(C) Monetary Relations (Article 268-293)
In India, before the formation of the federation the States weren't ‘sovereign’ entities.
As such, there was no want for safeguards to safeguard ‘States’. On account of the exigencies of things, the Indian federation has no inheritable characteristics that square measure quite completely different from the Yankee model.
(i)The residuary powers underneath the Indian Constitution square measure allotted to the Union and to not the States. However, it's going to be noted that the Canadian Constitution will identical mode of distributing the powers cannot be thought of as eating away the federal nature of the Constitution.
(ii) Although there's a division of powers between the Union and therefore the States, the Indian Constitution provides the Union with power to exercise management over the legislation additionally because the administration of the States. Legislation by a State is disallowed by the President, once reserved by the Governor for his thought.
(iii) The Governor is appointed by the President of the Union and holds workplace “during his pleasure”. Title of respecting these ideas square measure found within the Canadian Constitution although not within the Constitution of the U.S.A.
The Constitution of India lays down the Constitution of the Union additionally because the States, and no State, except Jammu and Cashmere, encompasses a right to see its own (State) Constitution.
(iv) Once considering the modification of the Constitution we discover that except during a few specific matters poignant the federal structure, the States needn't even be consulted within the matter of modification of the Constitution. the majority of the Constitution is amended by a Bill within the Union Parliament being lapsed a special majority.
(v) Within the case of the Indian Constitution, whereas the Union is indestructible, the States aren't. It’s doable for the Union Parliament to reorganize the States or to change their boundaries by a straightforward majority within the standard method of legislation.
The ‘consent’ of the State assembly involved isn't required; the President has solely to ‘ascertain’ the views of the Legislatures of the affected States. The convenience with that the federal organization could also be reshaped by a normal legislation by the Union Parliament has been incontestable by the enactment of the States Reorganization Act, 1956. An oversized range of recent States have, since, been shaped.
(vi) Underneath the Indian Constitution, there's no equality of illustration of the States within the Council of States. Hence, the federal safeguard against the interests of the lesser States being overridden by the interests of the larger or additional inhabited States is absent underneath our Constitution. Its federal nature is additional laid low with having a nominative part of twelve members against 238 representatives of the States and Union Territories.
Body
Article 256 to 263 deals with the executive relations between the centre and therefore the states. Article 256 states that "the government power of each State shall be thus exercised on guarantee compliance with the laws created by the parliament and any existing laws that apply in this State, and therefore the government power of the Union shall be the giving of such directions to a State as might seem to the govt of India to be necessary for that purpose".
Cooperation between the Centre and therefore the States
The constitution lays down numerous provisions to secure cooperation and coordination between the center and therefore the states. These include:
(i) Article 261 states that "Full religion and credit shall be throughout the territory of India to public acts, records and judicial proceedings of the Union and of each State".
(ii) Per Article 262, the parliament might by law offer for the judgement of any dispute or criticism with reference to the utilization, distribution or management of the waters of, or in, any inter-State stream or stream vale.
(iii) Article 263 empowers the President to determine Associate in Nursing inter-State Council to discuss and advise upon disputes between states, to analyze and discuss subjects within which some or all of the States, or the Union and one or additional of the States, have a standard interest.
(iv) As per Article 307, Parliament might by law appoint such authority because it considers applicable for completing the needs of the constitutional provisions associated with the inter-state freedom of trade and commerce.
Centre-State Relations throughout Emergency
(i) Throughout a national emergency (under Article 352), the government become subordinate to the central government. All the chief functions of the state come back underneath the management of the union government.
(ii) throughout a state emergency (under Article 356), the president will assume to himself all or any of the functions of the govt of the State and every one or any of the powers unconditional in or exercisable by the Governor or authority within the State aside from the assembly of the State.
(iii) throughout the operation of economic emergency (under Article 360), the Union might provide directions to any State to watch such canons of economic deportment as could also be laid out in the directions, and to the giving of such alternative directions because the President might see necessary and adequate for the aim.
The administrative relations between the union and therefore the states might be studied as under: (i) traditional and (ii) emergency conditions. The constitution has devised many techniques of management to be exercised over the states by the Union government underneath traditional circumstances. The states shall not interfere with the legislative and government policies of the Union government.
Techniques of Union control over States
In normal times:
Even in traditional times, the Indian Constitution has devised techniques of management over the states by the Union to make sure that the state governments don't interfere with the legislative and govt policies of the union and additionally to make sure the potency and strength of every individual unit that is important for the strength of the union. a number of these avenues of management arise out of the chief and legislative powers unconditional within the President, in reference to states. For example, the President of Asian country has power to appoint and dismiss the Governor, (Art. 155-156) and alternative dignitaries within the state, if they were found guilty.
Legislative and Financial
Legislative
Articles 245 to 255 partly XI deals with totally different aspects of legislative relations between center and states. These include:
(1) Territorial jurisdiction of laws created by the Parliament and by the Legislatures of States.
(2) Distribution of legislative subjects
(3) Power of parliament to enact with relevance a matter within the State List
(4) Centre's management state legislation
However, Seventh Schedule of the Constitution provides for the distribution of legislative powers between the middle and also the states. The legislative subjects square measure divided into List I (the Union List), List II (the synchronic List) and List III (the State List).
At gift, there square measure a hundred subjects within the Union list which has subjects like foreign affairs, defense, railway, communicating services, banking, nuclear energy, communication, currency etc.
At gift, there square measure sixty-one subjects within the State list. The list includes subjects like police, public order, roadways, health, agriculture, authorities, drink facilities, sanitation etc.
At gift, there square measure fifty-two subjects within the synchronic list. The list includes subjects like education, forests, protection of untamed animals and birds, electricity, labor welfare, legal code and procedure, civil procedure, social control and planning, drugs etc.
Article 245 empowers the Centre to convey directions to the states in sure cases with regard to the exercise of their govt powers.
Article 249 empowers the parliament to enact with relevance a matter within the State List within the national interest.
Under Article 250, the parliament becomes authorized to create laws on the matters associated with state list once national emergency (under Article 352) is operative.
Under Article 252, the parliament is authorized to enact for 2 or a lot of States by their consent.
(Article 245-254) of the Indian Constitution fixed two-fold division of Legislative powers between the Union and also the States.
(1) With respect of territory
(2) With respect of material
Territorial Jurisdiction
As regards territory, Article 245 (1) provides that subject to the provisions of this constitution, a State general assembly might create laws for the full or any a part of the state to that it belongs. It’s inconceivable for a State general assembly to enlarge its territorial jurisdiction below any circumstances except once the boundaries of the state itself square measure widened by an act of Parliament. Parliament has, on the opposite hand, the ability to enact for ‘the whole or any a part of the territory of Asian country, which has not solely the states however additionally the union territory of Asian country [Art. 246 (1). It additionally possesses the ability of extra-territorial legislation [Art. 245, that no state general assembly possesses. this implies that laws created by parliament can govern not solely persons and property within the territory of Asian country however additionally Indian subjects’ resident and this property settled anyplace within the world.
Financial
The Constitution deals with the center-state monetary relations in Article 268-293 of half XII. Allocation of burdensome powers.
The Constitution has provided the union government and also the state governments with the freelance sources of revenue. It allocates the powers to center and also the states within the following way:
(i) The parliament has exclusive power to levy taxes on the themes mentioned within the Union List.
(ii) The state legislatures have exclusive power to levy taxes on the themes mentioned within the
State List
(i) Each the parliament and also the state general assembly square measure authorized to levy taxes on the themes mentioned within the synchronic List.
(ii) The parliament has exclusive power to levy taxes on the matters associated with the residuary subjects.
However, just in case of revenue distribution,
Article 268 states that duties square measure levied by the Union however square measure collected and condemned by the States;
Service tax levied by Union and picked up and condemned by the Union and also the States (Article 268-A);
Taxes levied and picked up by the Union however allotted to the States (Article 269);
Taxes levied and picked up by the Union however distributed between the Union and also the States (Article 270).
Surcharge on sure duties and taxes for functions of the Union (Article 271)
Under Article 275, the parliament is allowed to produce grants-in-aid to any state as parliament might verify to be in would like of help, and totally different sums is also fastened for various States.
Under Article 282, the union or a state might create any grants for any public purpose, withal that the aim isn't one with relevance that Parliament or the general assembly of the State, because the case is also, might create laws.
Under Article 352, throughout the operation of national emergency, the distribution of revenues between the center and also the states are altered by the president.
Under Article 360, throughout the monetary emergency, the chief authority of the Union shall offer directions to any State to watch such canons of monetary properness as is also per the directions and to the offer the directions because the President might view necessary and adequate for the aim.
Inter State councils
Article 263 of Indian constitution offer provision for the institution of AN Inter-State Council. This can be to boost the coordination between the middle and States. It’s the foremost dynamic platform to debate policies, strengthen the Centre-State relations and act as a bridge to the trust deficit between the middle and also the States. The nation can progress only if the Union and State Governments work hand in hand. There are many challenges to maintain the federation. For a soothing functioning of the system, it is necessary to conduct periodic debates and discussions.
Inter-State Council isn't a permanent constitutional body, which might be created at any time if it looks to the President that the general public interest would be served by the institution of such council. it had been coming upon in 1990 through a presidential ordinance for the primary time as per the recommendations of the Sarkaria Commission beneath the Ministry of Home affairs. The supporter functions of the Zonal Councils are reassigned to the Inter-State Council Secretariat from first April 2011.
Inter-State Council works as AN instrument for cooperation, coordination and also the evolution of common policies the interstate council is projected to fulfil thrice a year. However, in twenty-six years, it's met solely eleven times. Recently the meeting was control when a niche of ten years in city in July 2016.
a) Inter-State Council Composition
b) Prime Minister acts because the chairman of the council.
1. Union Ministers of cupboard rank within the Union
2. Council of Ministers appointive by the Prime Minister.
3. Chief Ministers of all states.
4. Chief Ministers of Union Territories having a legislature
5. Directors of UTs not having a legislature.
6. Governors of the states being administered beneath President’s rule.
Functions of Inter-State Council
1. Inquiring and advising upon disputes which can have emerged between the States:
2. Work and discussing subjects during which the States of the Union contains a common interest.
3. Creating suggestions on any such subject, for the higher coordination of policy and action with reference to that subject.
Highlights of Eleventh Inter-State Council Meeting
1. Thought of commission recommendations on Centre-State Relations.
2. Use of Aadhaar and DBT for providing Subsidies, benefits, and Public Services
3. Enhancing the standard of education with attention on rising learning outcomes, incentivizing higher performance, etc.
4. Internal Security with attention on intelligence sharing and synchronization for fighting act of terrorism and insurrection and Police Reforms and Police Modernization.
Key takeaways:
Modern democratic governments are divided into parliamentary and presidential systems based on the nature of the relationship between administrative and legislative bodies.
In a parliamentary government, the executive branch is responsible for the policies and actions of the legislature. On the other hand, the presidential system is a system in which the administration is not responsible for the policies and actions of the legislature and is constitutionally independent of the legislature regarding the term of office.
Parliamentary government is also known as the irresponsible government of the Cabinet government or the Westminster government model, especially in the United Kingdom, Japan, Canada and India.
Parliamentary Government Features
Nominal and actual administrative officers: The president is that the nominal administrative officer (de jure administrative officer or nominal administrative officer), and therefore the prime minister is that the actual administrative officer (de facto administrative officer). Therefore, the president is that the head of state and therefore the prime minister is that the head of state.
Majority Rule: Political parties that secure a majority seat in Lok Sabha form the govt. The leader of the party is appointed by the president as prime minister. Other ministers are appointed by the president on the recommendation of the prime minister. However, if there's no party to win the bulk, a coalition government are often invited from the president to determine a government.
Collective Responsibility: this is often a fundamental of parliamentary government. The Minister is jointly responsible to Parliament.
Double membership: Ministers are members of both the legislature and therefore the Executive Office of the President.
Prime Minister's Leadership: The Prime Minister plays a leadership role during this government system. He's the leader of the Council of Ministers, the leader of parliament, and therefore the leader of political parties. In these positions, he plays a crucial and really important role within the functioning of state.
Parliamentary Government Benefits
Position of the President
Protecting and protecting the Constitution and the laws of the land is the primary duty of the President of India. He has the power to summon and provoke both homes. He can also disband Lok Sabha.
The bill can only become law after it has been approved by the president. The federal cabinet should advise the president to carry out his duties with the prime minister. The President appoints the Chief Justice of India, the Prime Minister and other members of the Council of Ministers.
He appoints 12 celebrities from various disciplines to Rajya Sabha and submits annual financial statements to Congress. He can declare war or conclude peace on the advice of the Prime Minister and his minister. He has the power to give amnesty and declare an emergency.
Key takeaways:
A constitutional amendment is a formal written change to a national or state constitution. In order to amend the Constitution and guide it to reflect the reality of life, there is a strong need to amend the Constitution. There are two types of amendments, and there are various ways to amend the constitution.
Amendments to the Constitution mean changing certain provisions or updating some external features to meet the requirements of the day. In order for the Constitution to reflect the reality and needs of the day, provisions for constitutional amendment are needed.
Type of amendments:
Within Article 368 of the Constitution, there are two types of amendments to the Indian Constitution.
1. Only the parliamentary special majority
2. Ratification of half of the states by the parliamentary special majority and the simple majority.
The criticisms of the constitutional amendment are as follows.
1. India, unlike many other countries, does not have a permanent constitutional amendment body and all efforts are relatively naive and made by amateur parliaments.
2. The Legislature has no other scope to initiate amendments, except that it has the authority to initiate the establishment or abolition of the Legislative Council. This not only makes the Indian Constitution a central monopoly, but also makes it too strict for the state.
3. The existence of two houses in Congress makes it difficult to pass the Constitutional Amendment Act due to the disagreement between the two houses.
4. There is almost no difference between the normal legislative function and the constitutional amendment function.
5. There are too many loop holes. For example, if the ruling party cannot gather a majority of two-thirds of the total power, as it could modify the impeachment process to reduce two-thirds of the total power to two-thirds of the current power and vote. Can be devised at any time a technique that suits his way.
6. There is no time frame for the state legislature to ratify.
7. There is no time frame for the President to agree.
K.G explains the constitutional amendment procedure of the Indian Constitution. Balakrishnan (formerly CJI) correctly states that the constitutional amendment strikes a good balance between flexibility and rigidity. In addition, Granville Austin, a prominent scholar of the Indian Constitution, said: It looks complicated, but it's just diverse. "
Amendment of the Constitutional Powers
Constitutional Amendment Procedure
The Constitution can be amended in a variety of ways, including simple majority, special majority, and ratification by at least half of the states. The constitutional amendment under Article 368 is taken into account to be the central amendment procedure of the Indian Constitution, which may be explained as follows.
Key takeaways:
Prior to 1947, India was divided into two major organizations. British India, which consists of 11 states, and the princely state of India, which was governed by an Indian prince under an auxiliary alliance policy. Although the two entities were merged to form the Dominion of India, many of the British Indian legacy systems continue to this day. The historical foundation and evolution of the Indian Constitution can be traced back to the many regulations and actions passed before India's independence.
Indian Administrative System
Democracy in India is a parliamentary democracy in which the executive branch is responsible for the parliament. The parliament has two homes, Lok Sabha and Rajya Sabha. Also, the type of governance is the federal government. That is, the center and the state have separate government agencies and legislatures. There is also autonomy at the local government level. All of these systems owe their legacy to the British Government. Let's take a look at the historical background of the Indian Constitution and its development over the years.
1773 Regulatory Act
Indian Law of the Pits Of 1784
1813 Charter Act
Our monopoly on Indian trade has ended. Trade with India is open to all British themes.
1833 Charter Act
1853 Charter Act
1858 Indian Governance Act
Council of India Act of 1861
Council of India Act of 1892
Council of India Act 1909
1919 Indian Government Act
Indian Government Act of 1935
India Independence Act of 1947
Key takeaways:
Urgent provisions are contained partially XVIII of the Indian Constitution, Articles 352-360. These provisions allow the central government to reply effectively to unusual situations.
The central government are going to be all strong in an emergency and therefore the state is going to be under the control of the union. The rationale behind the incorporation of those provisions of the Constitution of India is to guard the sovereignty, unity, integrity and security of the state, the democratic form of government and therefore the Constitution.
In this context, B.R. Dr. Ambedkar observed within the Constituent Assembly that:
"All federal systems are placed within the close sort of federalism that creates up America. regardless of the outcome, it cannot change its shape or shape. On the opposite hand, the Constitution of India may be a situation. counting on things, it is often both single and federal. it's usually configured to function as a federal system, but in an emergency the only system takes precedence. "
There are three sorts of emergencies under the Indian Constitution.
A. National Emergency (Article 352):
This emergency occurs if the President is convinced that a significant emergency exists, which threatens the central government are going to be all strong in an emergency and therefore the state is going to be under the control of the union
All federal systems are placed within the close sort of federalism that creates up America. regardless of the outcome, it cannot change its shape or shape
There are three sorts of emergencies under the Indian Constitution
This emergency occurs if the President is convinced that a significant emergency exists, which threatens
India or a number of India's security by either war or an external attack or armed rebellion. The President stipulates that an emergency declaration could also be made regarding: the entire of India or a neighbourhood of it which will be laid out in the proclamation.
If the president is convinced that there's an imminent danger of war, external attack, or armed rebellion, he can declare an emergency even before the particular outbreak. Therefore, the particular occurrence of the event mentioned within the art. 352 isn't required. An imminent risk of war, external attack, or armed rebellion is acceptable for declaring an emergency.
The President shall not issue a proclamation without consulting the Union Cabinet (i.e., the Council of Ministers and therefore the Prime Minister). it's been informed to him in writing that such a declaration could also be issued. this suggests that emergencies are declared only on the idea of the suitability of the cupboard, not just the recommendation of the Prime Minister.
At Minerva Mills Ltd V. Union of India
The court ruled that there have been no restrictions or restrictions on the review of the validity of the declaration of emergency issued by the President under Art. 352 (1). This declaration of emergency could also be challenged in court supported malicious intent, or because it's a totally irrelevant and irrelevant fact, or due to an absurd or twisted declaration.
However, the word "satisfaction" utilized in art. 352 doesn't mean the president's personal satisfaction, but the cabinet's satisfaction. the facility to declare an emergency can only be exercised by the President at the advice of the Council of Ministers.
Parliamentary approval and duration:
Prior to the 44th Amendment Act of 1978, the declaration of an emergency was initially valid for 2 months, but once approved by Congress, the emergency remains valid indefinitely as long as executives wish to continue. i used to be ready. The 44th Amendment reduced the executive authority to unnecessarily expand the operation of emergencies.
After the 44th amendment, urgent declarations shall be valid for the primary month and, if approved, such declarations shall remain valid for six months unless cancelled early. A resolution approving the proclamation must be gone by both parliaments by a special majority, a majority of the members of every chamber and a minimum of two-thirds of the members attending and voting in each chamber.
Parliamentary approval is required every 6 months to continue the emergency beyond the 6-month period. If the declaration was issued when Lok Sabha was dissolved, or if Lok Sabha's dissolution was made for 6 months without approving the declaration, the declaration will remain up to 30 days after Lok Sabha first sat down. After reconstruction. [Four]
Cancellation of a national emergency:
A declaration of emergency may be revoked by the President at any time by a subsequent declaration, and the declaration does not require parliamentary approval. The President shall revoke the declaration if Lok Sabha passes a resolution disapproving it or disapproving its continuation. In this case, there will be a written notice signed by more than 1/10 of the total number of Lok Sabha members. Need to be notified:
Impact of a national emergency:
Impact on basic rights.
Impact on Center-State Relations: During the emergency declaration, the center-state relations undergo fundamental changes. This is going down:
Executive:
During a national emergency, the centre’s executive branch extends to instructing every state on how that executive branch is exercised. In general, unions can only give enforcement instructions to the state on certain specific matters. Therefore, the state government is not suspended, but is under full control of the centre.
Legislature:
During a national emergency, Parliament is empowered to enact legislation on subjects on the state list. The legislative power of the state legislature has not been suspended, but it is subject to the highest priority of the legislature. The legislation enacted by Parliament on national issues will not work after a state of emergency fails.
Finance:
While the State of Emergency is underway, the President can reduce or cancel the transfer of finances from the center to the state. All such orders of the President must be placed before both Parliaments.
Impact on the lives of Lok Sabha and the Legislature:
While the State of Emergency is underway, Lok Sabha's lifespan will also be extended by one year at a time, beyond the normal period (five years), by parliamentary law. However, this extension cannot continue for more than 6 months after the emergency has stopped working. Similarly, Congress can extend the regular term of the State Legislative Assembly (5 years) by one year each time. During a national emergency, subject to a period of at least 6 months after the emergency fails.
Impact on basic rights:
Articles 358 and 359 provide for the impact of a national emergency on basic rights. Article 358 deals with the suspension of basic rights guaranteed by Article 19. Article 359, on the other hand, deals with suspension of other basic rights other than those guaranteed by Articles 20 and 21.
Suspension of basic rights:
According to Article 358, the six basic rights under Article 19 are automatically suspended once a national state of emergency is declared. No separate order for suspension is required.
The 44th Amendment Act of 1978 limited the scope of art. Offering six basic rights under art 358. 19 will only be suspended if the state of emergency is claimed because of war or an external attack and not because of an armed rebellion.
Suspension of other basic rights:
In accordance with Article 359, the President is empowered to suspend the right to move courts to exercise his basic rights in the event of a national emergency. In other words, the basic right is not suspended on its own, only its enforcement.
Suspension of execution concerns only basic rights in accordance with Executive Order.
President’s Rule (Article 356):
The president may act on the basis of the governor's report, or may issue a proclamation if he is pleased that a situation has arisen in which the state government is unable to fulfil its obligations in accordance with the provisions of the Constitution. This concludes that the president can act without the governor's report.
Article 355 justifies the Center's obligation to ensure that the state government continues in accordance with the provisions of the Indian Constitution. In such situations, the presidential proclamation is called a "state constitutional machine failure proclamation."
By that declaration:
Parliamentary approval and duration:
The proclamation shall be submitted before each parliament for approval and shall continue to function for two months after the expiration of this period and after the proclamation ceases to function.
If the declaration was issued when Lok Sabha was dissolved, or if Lok Sabha's dissolution was made during the last two months without approving the declaration, the declaration will be up to 30 days after Lok Sabha first sat down. Will survive. After its reconstruction.
If the proclamation is approved by Parliament, it will continue to operate for six months. Congress can extend the proclamation period by six months at a time. After the expiration of a maximum of three years, the proclamation must remain in force for more than three years, neither Congress nor the President has the authority to continue the proclamation, and the constitutional mechanism must be restored to the state. It doesn't become.
Judiciary Guidelines for Imposing Presidential Rules:
S.R. Bommai V. Union of India, fact:
C. Financial Emergency (Art 360)
This allows the President to declare a financial emergency if he is satisfied with a situation that threatens the financial stability or homeostasis or credit of a part of India or its territory. In other words, whenever the president claims that India's economy is at stake, he may declare this emergency.
Parliamentary approval and duration:
Declarations of financial emergencies must be approved by both Houses within two months of the date of issuance, with Lok Sabha being dissolved or Lok Sabha being dissolved at the time of the declaration. Once the proclamation is approved by both houses, the financial emergency will continue indefinitely and the timing will not be specified until it is revoked. You don't have to repeat parliamentary approval like the other two emergencies.
A resolution approving a declaration of a financial emergency can only be passed by a simple majority, that is, with the attendance of a majority of members and the exercise of voting rights. It is often revoked by the President at any time by a subsequent declaration. These declarations do not require parliamentary approval.
Impact of financial emergencies:
The impact of an economic emergency is as follows:
Criticism of financial emergencies:
Conclusion
Urgent provisions have been amended under the Constitution for national security and public protection, but these provisions delegate excessive authority to executives. This affects the federal character of the Constitution and makes all unions stronger. The need for urgent provisions is understood, but some changes are needed in the mechanism so that there is no infringement of the basic rights of citizens and no abuse of authority given to executives for political purposes. On December 15, 1992, three BJP-controlled states, Madhya Pradesh, Himachal Pradesh, and Rajasthan, were subject to presidential rule, and these states did not implement the bans imposed by the Center for Religious Organizations in good faith. The parliament was dissolved because of the fact.
The main reasons the governments were dismissed were that the prime ministers of these states were associated with banned organizations and, secondly, that they encouraged Kar Sevaks to go to Ayodhya. Therefore, the premise was merely a suspicion that they might refuse to enforce the ban. There was no evidence that they did not follow the centre’s instructions.
The dismissal of the governments of Madhya Pradesh, Himachal Pradesh, and Rajasthan following the Ajodhya incident on December 6, 1992 was valid, and the enforcement of the president's rule in these states was constitutional.
"Secularism" is a fundamental feature of the Constitution, and state governments that act contrary to their ideals can be dismissed by the president.
On religious issues, the nation had no place. You cannot be a political party and at the same time a non-secular party. [8]
Key takeaways:
Local autonomy is a concept that refers to the governance of local residents in the area. Given the number of Indian villages that are currently not fully connected to urban areas and are often ignored by the government, they have the concept of local autonomy to be properly represented even in rural areas is essential.
In the prehistoric era, the local government, the Panchayati system, played a major role in solving the problems of the common people.
The Panchayati Raj system is a three-tier system within the state where organizations are elected at the village, talc, and district levels. It ensures more participation of people and more effective implementation of rural development programs. Villages or groups of villages include a Grama Panchayat, Taluk level, and district level Zilla Panchayat. India has a history of the Panchayati system and a past empire to a third-tier, modern, legalized governing body with constitutional support.
In 1865, the East Indies company passed the same resolution, stating that local issues should be left to the local governing body. Because they can handle the same thing. Later, various committees such as the Royal Commission, the Government of India Act 1935, and the Simon Commission referred to the spread of power. Nevertheless, it should be noted that under colonial rule, local governments were never independent and under the control of state authorities.
Post – Independence Situation
After independence, India was declared a democratic and federal state. As she began to develop, urbanization progressed, creating two territories, two territories. "City" and "region". The increased workload and the communication gap between the government and the citizens of the country created the third layer of government, the Panchayati system, or more precisely local autonomy.
In India, there are usually two types.
a. Local autonomy
b. City autonomy
In rural areas, it is recognized as the Panchayati system, and in urban areas, it is recognized by the local government or local government. Local governments are in direct contact with people. It is the lowest level of government, maintaining one-on-one contact with people in their area and supporting their representatives. Municipalities have been recognized by the Constitution through amendments to Articles 73 and 74.
India enacted a constitution, which came into force in 1950. After independence under Article 40 of the Indian Constitution, the state must encourage the introduction of an independent body as Garmin Panchayat. The first five-year plan that mentions the dissemination of power that reflects the concept of development. Various committees have been set up for local autonomy.
In 1957, the Balwant Rai Mehta Commission investigated community development projects and national dissemination services, ensuring the continuity of the process by which the movement leverages local initiatives and improves the economic and social conditions of rural areas. We evaluated the degree of success in creating a system for this. The Commission has determined that community development is deep and lasting only if it is involved in the planning, decision-making, and implementation processes.
Here are some suggestions:
i. Early establishment of elected local governments and delegation of necessary resources to them,
ii. Power and authority,
iii. The basic unit of democracy
iv. Decentralization was at the block / summit level, as the jurisdiction of the local government cannot be too large or too small. The block was large enough for administrative efficiency and economic efficiency and small enough to maintain a sense of public involvement,
v. Such institutions must not be constrained by government or excessive control by government agency
vi. The organization must consist of five years by indirect elections from the village Panchayat.
Its function is
b. Ashok Mehta Committee:
Established in 1977, it suggested the need for a two-tier system of governance at the ground level.
The Janata Party's administration at the center in 1977 gave a serious view of the weaknesses of the Panchayati function.
It was decided to appoint a high-level committee under the chair of Ashok Mehta to consider and propose measures to strengthen the PRI. The Commission needed to evolve PRI's effective decentralized development system. They have made the following recommendations:
a) A district is a viable administrative unit. Which plans, adjustments, and resource allocations are feasible and technical expertise is available
b) Two PRIs, as a Tier system, Mandal Panchayat on the base, Zilla Parishad on the top,
c) PRIs are capable for resources available to them,
d) District planning needs to take care of the city-Countryside continuum,
e) Representatives of SCs and STs in population-based elections for PRI.
f) Four-PRI annual period,
g) Participation of political parties in elections.
Financial delegation must promise to embrace its much development. Functions at the district level are performed by Panchayati. Karnataka, Andhra Pradesh and West Bengal have passed new legislation based on this report. However, political flow at the state level did not allow these institutions to develop their own political dynamics.
c. G.V.K. Rao Committee (1985)
The G.V.K. Rao Committee has been appointed to revisit various aspects of PRI. The Commission was of the opinion that PRI must take the large picture of rural development that it must play a central role in handling people's problems. We recommend the following:
Organization, Planning, implementation, and planning, implementation, and
ii. PRI below the district level
Rural development program monitoring, and
iii. The lock development office must be the spinal cord of the rural development process.
d. L.M. Singhvi Committee (1986)
The L.M. Singhvi Committee studied the Panchayati system. Gram Sabkha was seen as the foundation of decentralized democracy, and PRI was seen as an autonomous body that actually facilitated people's participation in the planning and development process. Recommendation:
i. Local self-Government should be constitutionally recognized, protected and guarded by including a replacement chapter within the Constitution.
ii. Non-Political Participation in the Panchayat Elections Proposals to give Panchayat constitutional status were opposed by the Sarkaria Commission, but especially in the late 1980s, Prime Minister Rajiv Gandhi made the 64th Constitutional Amendment Bill in 1989. The 64th Amendment Bill was drafted and introduced into the House of Representatives. However, it was defeated in Large Yasaba as unconvincing. I also lost the general election. In 1989, the National Front submitted the 74th Constitutional Amendment Bill, which couldn't be passed thanks to the dissolution of the 9th Lok Sabha. In developing the new Constitutional Amendment Act, all of these various suggestions, recommendations, and means for strengthening PRI were considered.
e. Sarkalia Commission:
Established in 1983, it was observed that the dissemination of power to the ground level would not be effective until the management of villages, or rural areas, was improved.
The 73rd Constitutional Amendment Act
The idea that created the 73rd amendment
Rather than responding to grassroots pressure, the growing awareness that institutional initiatives over the last decade have not materialized and that rural poverty is still too great to reform existing government structures. It was a reaction. It's interesting to note that this idea evolved from the center and state government. It was political motivation to see PRI as a solution to the government crisis India experienced. The 73rd Amendment Act, passed by the Government of Narasin Harao in 1992, came into effect on April 24, 1993. It was intended to provide constitutional sanctions to establish "grassroots democracy at the state or national level". Its main features are:
Panchayat is expected to play an effective role in planning and carrying out work related to these 29 items.
Key takeaways:
The right to equality treats everyone equally before the law, prevents discrimination for a variety of reasons, treats everyone equally on the issue of public employment, untouchables and titles (Sir, Laiba Hadur) will be abolished.
Rights of equality
Before knowing about the right to equality, applicants need to know the type of equality and understand what it is. It is also mentioned in the preamble. The types of equality are:
a) Natural
b) Social
c) Citizen
d) Politics
e) Economic
f) Legal
The right to equality is one of the basic rights stipulated in the Constitution of India. It is very important to understand what this right includes and what it contains. This topic is the basic topic of the UPSC syllabus regime and constitutional segment of the Civil Service Examination.
Below we provide the associated articles of the Constitution under the right to equality.
Right to Equality
Equality before the law (Article 14)
Article 14 treats all people the same from a legal point of view. This provision states that all citizens are treated equally before the law. National law protects everyone equally. Under the same circumstances, the law treats people the same.
Prohibition of discrimination (Article 15)
This article prohibits discrimination in any way. Citizens shall not be subject to liability, disability, restrictions, or conditions for: just because of race, religion, caste, place of birth, gender, or any of them.
Access to public places
Use of tanks, wells, ghats, etc. maintained by the country or for the general public. The article also states that despite this article, special provisions can be made for women, children, and younger classes.
Equal Opportunity on Public Employment Issues (Article 16)
Article 16 provides all citizens with equal employment opportunities in state service. Citizens must not be discriminated against for public employment or appointment on the basis of race, religion, caste, gender, place of birth, descendants or place of residence. Exceptions to this can be made to provide special provisions to the lower classes.
Abolition of untouchables (Article 17)
Article 17 prohibits the practice of untouchables. Dalits are abolished in all forms. Any obstacle resulting from untouchables is a crime.
Abolition of titles (Article 18)
Article 18 abolishes the title the State shall not award any title except those that are academic or military titles. This article also prohibits Indians from accepting foreign titles. This article discontinues titles awarded by British people such as Rai Bahadur and Khan Bahadur. Awards such as Padma Shuri, Padma Boushan, Padma Bibushan, Bharat Ratan and military Honors such as Ashok Chakra and Parambil Chakra do not belong to this category.
Key takeaways:
As citizens of India, we have certain basic rights. Basic rights are set out in Part III of the Constitution of India. These basic rights are the basic rights we get right from birth. Individuals and nations cannot rob us of the same thing. The right to equality (Articles 14-18), the right to freedom (Articles 19-22), the right to exploitation (Articles 23 and 24), and the right to religious freedom (Articles 25-28), for a total of 6 There are two basic rights., Cultural and educational rights (Articles 29 and 30) and constitutional rights of relief (Article 32).
Article 19 of the Constitution of India provides and protects all citizens of India the following types of freedoms –
a) Freedom of speech and expression.
b) Freedom to meet peacefully and without weapons.
c) Freedom to form an association or union.
d) Freedom to move freely across India's territory.
e) Freedom to live and settle anywhere in Indian territory.
f) Freedom to practice any profession, or to carry out any profession, trade, or business.
Article 19 (1) (a) – Freedom of speech and expression -
Freedom of speech is an integral part of a democratic country. It is the foundation of civilization, without which freedom of thought would be diminished. Freedom of speech and expression provides the right to express opinions freely without fear through any medium. The word "press" is also included in this regulation.
Article 19 (1) (b) – Freedom of Assembly –
The Constitution recognizes our right to hold meetings and hold lines. These processes and meetings may be restricted due to public order and morals and sovereignty.
This article has also been revived and interpreted several times by the Apex Court. Section 144 (6) of the CRPC may be imposed by the Government of India in some areas that make unlawful sessions of five or more people.
Article 19 (1) (c) - Freedom of association or trade union -
The Constitution of India states that all citizens of India have the right to form associations and trade unions. The Constitution of India declares that no citizen has a fundamental right under Article 19 paragraph 1 letter c to be a voluntary association or a cooperative. The right to be a member of the same is based on the provisions of the law. The right to be or continue to be a member of a society is therefore a legal right.
Article 19 (1) (d) - Freedom to move freely throughout Indian territory -
No person can be prevented from moving from one part of the state to another. The freedom of movement under Article 19 enables us to move from one state to another and anywhere within the state. There are also certain exceptions to this freedom.
Article 19 (1) (e) - Freedom of residence and establishment in any part of Indian territory -
As citizens of India, we can reside in any part of the country that is subject to certain state-imposed restrictions. An Indian citizen can reside in any state except the states of Jammu and Kashmir.
Article 19 (1) (g) - Freedom to pursue an occupation or to pursue an occupation, trade or business -
Part 12 (Articles 301-307) of the Constitution of India also lists the provisions relating to trade, industry and transport. The aim is to remove obstacles to international and domestic trade and trade relations.
Article 19 (1) (g) protection is available only to the citizens of India, while Article 301 is available to all.
Reasonable restrictions –
All freedoms are limited, without which society would be completely confused. Similarly, Article 19 provides for "reasonable restrictions" on these freedoms. Therefore, these rights are conditional. The state has the power to reasonably limit or deprive these six rights for the following reasons –
Freedom of speech and expression
a) India's sovereignty and integrity.
b) National security.
c) Friendly relations with foreign countries.
d) Security.
e) Dignity.
f) Moral.
g) Contempt of court.
h) Defamation.
i) Incitement to crime.
Freedom to meet peacefully and without weapons
a) India's sovereignty and integrity.
b) Security.
Freedom to form associations and unions
a) India's sovereignty and integrity
b) Security
c) Moral
Freedom to move freely across India’s territory
a) Public interests
b) Protecting the interests of Scheduled Castes and Scheduled Tribes
Freedom to live and settle anywhere in Indian territory
a) Public interests
b) Protecting the interests of Scheduled Castes and Scheduled Tribes
Freedom to practice any profession, or to carry out any profession, trade, or business
a) Public interests
b) State-specified professional or technical qualifications
c) A state-owned trade, business, industry, or service that completely or partially excludes the participation of citizens or others.
Conclusion –
The right to freedom is one among the foremost important fundamental rights under the Constitution of India. Without freedom, there can be no democratic system. Without the freedom to do anything, people cannot grow and develop. At the same time, providing people with absolute freedom can be very dangerous. It is important to limit freedom so that people do not abuse their rights or coexist peacefully with others. Therefore, the state acts as a source of restrictions on individual freedom. Our Constitution makes a very good reference to freedom and why it can be restricted. We need a balance of this force.
Key takeaways:
The right to live a free, fulfilling and dignified life is one of the most basic principles of human existence. Everyone has the right to live his life on his own terms, without unjustified interference from others. Successful democracy only guarantees the right of citizens to protect their lives and freedoms.
In India, the protection of life and personal liberty is a fundamental right granted to citizens under Part III of the 1950 Indian Constitution. These basic rights represent the basic values that the people value and are granted to the actions of the state. No action by state authorities may infringe such rights of citizens, except as required by law.
Article 21 of this part states that "no one shall be bereft of his or her life or personal liberty except by following the procedures stipulated by law", which is the right to life and of the individual known as freedom.
Personal Freedom: Meaning and Scope
The right to live a free, fulfilling and dignified life is one of the most basic principles of human existence. Everyone has the right to live his life on his own terms, without unjustified interference from others. Successful democracy only guarantees the right of citizens to protect their lives and freedoms.
In India, the protection of life and personal liberty is a fundamental right granted to citizens under Part III of the 1950 Indian Constitution. These basic rights represent the basic values that the people value and are granted to the actions of the state. No action by state authorities may infringe such rights of citizens, except as required by law.
Article 21 of this part states that "no one shall be deprived of his or her life or personal liberty except by following the procedures stipulated by law", which is the right to life and of the individual. Known as freedom.
Therefore, this article prohibits the infringement of a person's right to life and the freedom of an individual to the state. State here refers to all entities with statutory authority, such as central and state-level governments and parliaments, and local governments. Therefore, infringement of rights by private entities is not within that scope.
The terms "life" and "individual freedom" embrace the various rights of people, which is the result of many years of evolution in the interpretation of Article 21 by the courts. Here we consider various aspects of this basic right. But first, let's take a look at the legal evolution of this concept and the importance of one of the most famous judgments associated with it, the Maneka Gandhi vs. India Union (1978).
Personal freedom: Meaning and Scope
The meaning of personal freedom of Indian citizens has evolved and its scope has expanded. Prior to the Maneka Gandhi incident, it had a relatively narrow range and contained only some freedom of man.
Personal freedom is A.K. Was first interpreted in the case of. Gopalan vs. Madras State in 1950 as described below.
A.K. Gopalan v. Madras State (1950): Preventive Detention
Fact:
In this case, the petitioner, a leader of the Communist Party, was detained under the Preventive Detention Act of 1950. He argued that such detention was illegal because it violated the freedom of movement granted in Article 19 (1) (d) of the Constitution. India therefore also violated his personal freedom, as permitted by Article 21, as freedom of movement should be considered part of a person's personal freedom.
Judgment:
The court stated that individual liberty meant physical liberty and therefore did not include the rights granted under Article 19 (1). Therefore, individual freedom was considered to include some rights, such as the right to sleep and eat, but the right to move freely was relatively minor and included in "individual" freedom. I didn't.
Subsequent Kharak Singh v. U.P. state incidents and Ors. (1964) I saw the expansion of the meaning of individual freedom explained as follows.
Caraxin vs. U.P. and Ors. (1964): Individual freedom was reduced
Fact:
In this case, the petitioner was accused of dacoity but was released due to lack of evidence against him. Later, Uttar Pradesh police began his surveillance, including night-time residence visits, regular surveys, and motion verification. The petitioner has filed a petition that challenges the constitutional validity of the proceedings in this state.
Judgment:
The right to individual liberty was said to constitute not only the right to be freed from the restrictions imposed on one's movements, but also the right to be freed from invasion of one's private life. Therefore, individual liberty was considered to include all the remaining liberty of a person not included in Article 19 (1).
However, Maneka Gandhi v. Dominion of India (1978) proved to be a milestone in the evolution of individual liberty, greatly expanding the scope of this right, as recognized in Article 21. did.
Maneka Gandhi vs. Dominion of India (1978): Right to travel
Fact:
In this case, the petitioner will hand over the newly created passport from the local passport office in Delhi within 7 days as the central government has decided to seize the passport "for the public good" in accordance with the Passport Act of 1967. Was ordered to do so. When the government requested a statement of reasons for such flooding, it replied that it could not provide a copy of the same "for the benefit of the general public." The petitioner challenged the government's decision to seize, provided no reason, and filed a written petition stating that the petitioner would not be allowed to defend himself.
Judgment:
The Supreme Court has ruled that the right to enter and leave the country must be included in the right of individual freedom. He said that the "individual freedom" given in Article 21 has the widest amplitude and covers fluctuations.
Rights related to a person's personal freedom. Therefore, the scope of individual liberty has been greatly expanded to include all rights granted under Article 21 and all other rights related to individual liberty. Such rights could only be limited by procedures established by law, which had to be "not fair, just and rational, fantasy, oppressive or arbitrary".
Therefore, the court ruled in the following cases:
a) Government action was not justified because there was no compelling reason to seize the petitioner's passport and it was an infringement of her basic rights.
b) He violated the principle of natural justice because he was not given the opportunity to hear his opinion.
c) Since this ground breaking case, the court has sought to give "individual freedom" a broader meaning. The principle of natural justice has also been emphasized, as any procedure that limits one's freedom must be fair, just and rational.
Right to Life and Scope of Personal Freedom
There was ample debate about expanding the scope of Article 21. What exactly constitutes this right today? In the future, we will consider various aspects of right to life and personal freedom.
Right to live with Human Dignity
It is not enough to guarantee that a person has the right to live. An essential element of life is the dignity and respect of a person. Therefore, each person is guaranteed the right to live with dignity. This means access to the necessities of human life and autonomy for individual decisions.
The Occupational Safety and Health Association vs. India Union (2014) addresses the protection of workers' health and strength and their access to fair and humane working conditions as essential conditions for living with human dignity. Was done.
Occupational Safety and Health Association v. Union of India (2014)
fact:
In this case, the non-profit has filed a petition seeking guidelines on occupational health and safety conditions in various industries, especially thermal power plants. This takes into account the various skin diseases and lung abnormalities that workers suffer from unhealthy working conditions. He also sought compensation for victims of occupational health problems.
Judgment:
The court recognized the state's obligation to protect workers from dangerous or unsanitary working conditions and remanded them to various high courts to check for problems with their respective state thermal power plants.
The Supreme Court is Navtej Singh Joharv. In the case of Union of India (2018), the right to dignity means the right to "perfect humanity" and "a meaningful expression of the human self." In this case, a very important aspect of human dignity, oneself. We talked about managing our intimate relationships.
Navtej Singh Johar v. Union of India (2018)-Homosexuality
Fact:
In this case, the petitioner NGO filed a petition in 1860 to challenge Article 377 of the Indian Criminal Code, alleging that sexual activity among LGBT people was a crime and violated basic rights.
Judgment:
The court applies the principle of human dignity, to the extent that Article 377 criminalizes the agreed sexual activity of an adult (i.e., a person over the age of 18), Article 14, Article 14 of the Constitution. He stated that he violated Articles 15, 19, and 21. I have the ability to agree (personally). Therefore, LGBT adult sexual activity with the free consent of stakeholders has been declared legal.
As you can see, human dignity is not the idea of a straitjacket. Rather, it includes all those rights and freedoms that allow a person to live a life without violating his or her self-esteem, pride and security.
Right to make a Living
To survive, one needs access to financial and material resources to meet his various needs. The law recognizes that everyone, male or female, has the right to an equal livelihood and has access to the necessary resources such as food, water, shelter and clothing. No one deserves poverty and complaining because they are deprived of the opportunity to earn for themselves.
Privacy rights
The right to privacy sounds like a very basic and explicit ownership, but for a long time it was not recognized as a clear right by the government because it was not explicitly mentioned by the drafters of the Constitution of India. Over time, awareness of an individual's autonomy for the body, mind, and information of the individual has increased and has been fully emphasized by the courts in various judgments.
Is the right to privacy an absolute right?
The right to privacy is one of the most important rights of a person, especially in modern democracy, but it is not an absolute and unruly right. There are certain situations in which it is possible to impose reasonable restrictions on this right of a person for greater benefit.
Privacy and Aadhaar Card Rights
One of the most important decisions regarding the right to privacy is Justice K.S. Puttaswamy (Retd.) V. Union of India (2015). The proceedings established the right to privacy as a fundamental right granted to citizens by the Constitution.
Right to Health and Medical Assistance
Of course, we cannot support the right to life without adequate health and medical support for all. It is the most important prerequisite for a fulfilling life.
However, doctors and medical institutions may hesitate to assist sick people, especially in forensic cases, for fear of long procedures and complications.
Right to Sleep
We all love to sleep, right? However, many are unaware that the right to sleep is a clear part of the fundamental right to protect against national behavior that leads to the illegal deprivation of one's sleep.
Re-Ramlila Maidan Incident. Home Secretary and Ors. (2012) was the case that led to the establishment of this right.
Right to Die
The right to life gives the person a full right to life and stipulates that the state cannot interfere with this right without going through the procedures stipulated by law. But what if a person chooses to end his life? Can he interfere with his own right to life?
Criminals of Article 309 of the Indian Criminal Code, 1860 commit suicide, and convicted persons face up to two years in prison and / or fines.
On the other hand, Article 306 criminalizes the perpetrator of suicide, that is, the support given by a person in the process of suicide by another person.
You might say that such a view is inhumane. Because people, especially those who are depressed or frustrated to die, should not be criminalized for attempting suicide. A person has the right to life, which of course should also mean the right to end his life.
Such a view is P. Taken by court in the case of the Latium vs. India Union (1994).
Right to a Healthy Environment
Nature has showered us with its gifts from the beginning of time, and these gifts and resources serve as the backbone of human existence. A clean, healthy and harmonious environment is one of the essentials to truly enjoy life, and therefore our right to life in a pollution-free environment is included in our vast right to life. Is natural.
However, the rapid growth of technology, which began with the Industrial Revolution and has grown over the centuries, has not helped the environment at all. The establishment of more and more industries and the increasing demand for the products produced by them has increased the amount of waste they generate. Where does this waste go? Unfortunately, it ends up in land, water, and air.
The rulings of several courts have led to the establishment of our right to a healthy environment and measures to curb global pollution.
Right to get Clean Water and Air
Without clean drinking water, it can't last for half a week, and without air, it can't last for 30 minutes. Access to clean water and air is very important for a healthy mind and body.
Subhash Kumar v. The State of Bihar (1991) case emphasized this right as part of Article 21.
Ecology and Protection of Environmental Pollution
Nature needs to be protected not only for our own eating and drinking and breathing, but also for the protection of the entire ecosystem that maintains the balance of the ecosystems on Earth.
Consider the following cases to understand some of the decisions that have contributed to enhanced environmental protection.
Freedom from Noise Pollution: Another Element of Article 21
In this fast-paced, chaotic world of cities, noise has become a major deterrent to a peaceful and healthy lifestyle. Huge public speakers, noisy firecrackers, and even the constant barking of cars on the road are causing great annoyance and serious health damage.
Re: In the Noise Pollution Case (2005), the court took a step towards addressing and managing the noise pollution issue.
This right was discussed in detail by the court in the following case.
Fusinara Cartoon and Ors. v. Minister of Interior, Bihar (1979)-Right to a Prompt Trial During Trial
Fact:
In this case, a petition for a Habeas corpus warrant was filed by a number of prisoners in prison in Bihar for many years, awaiting their trial.
Judgment:
The Supreme Court ruled that the right to speedy trials was not specifically stated as a fundamental right of the Indian Constitution, but was implied in the broader scope of Article 21. Prompt trials are the essence of criminal justice and therefore do not guarantee that reasonably swift trials can be "reasonable, fair, or just." Therefore, the Government of Bihar was ordered to begin the prisoner's trial as soon as possible.
Right to a Fair Trial
A fair trial is one that is characterized by the complete fairness and impartiality of the judge being heard. How is the defendant's trial used if the decision-makers are inherently biased towards them?
To ensure the application of the basic elements of human rights and the proper management of the judiciary, fair opportunities should be given to all who are tried. It is also part of international law under Article 10 of the Universal Declaration of Human Rights.
The qualitative difference between a Quick Trial and a Fair Trial
Prompt and fair trials are an inviolable element of the judicial process and must work hand in hand for the best possible control of natural justice. All parties to the proceedings have the right to a reasonably prompt decentralization of justice, as well as fair treatment and decision by the court.
However, there are qualitative differences between these two factors. Seen at face Value, the principle of fair trial, holds more valuable value in the judicial process as its denial directly deprives the right of a person to be properly inspected before being convicted. I can say. Justice must not only be done, but it must appear to be clearly done. Therefore, the principle of fair trial must always be adhered to.
Constitutionality of the Death Penalty
The death penalty is a type of punishment given to a criminal who commits the most serious or serious crime. The Oxford Dictionary defines it as "the killing of someone legally recognized as a punishment for a crime." But does that mean that the nation can take human lives according to its will? Wouldn't it completely revoke a person's right to life?
The constitutional legitimacy of the death penalty is inhumane, violates basic and human rights, or the "eye for an eye" ideology behind it achieves any purpose in law and justice. Many have argued that it has not, and there has been much debate and debate.
Emergency and Article 21
An emergency is a situation that requires immediate action by state authorities to deal with a dangerous situation, including a domestic rebellion, an external attack, or a financial bankruptcy. In India, emergencies fall into one of these three types-
a) National Emergency
b) Constitutional machine failure in the state (and therefore presidential rules)
c) Financial Emergency
In emergencies, people's freedom can be temporarily suspended because the state needs to prevent mayhem and deal effectively with dangerous situations. Article 359 of the Constitution of India empowers the President to suspend the basic rights of those granted in Part III for a certain period of time. However, this is not without exceptions.
Article 21, which recognizes the right to life and personal freedom, is one of two rights that authorities cannot suspend in the event of an emergency. Except as required by law, no one is deprived of life or personal liberty, and this procedure must not be arbitrary or unreasonable (as permitted in the Maneka Gandhi case).
This non-suspension provision of Article 21 was brought about by the 44th Constitutional Amendment in 1978, which amended Article 359 to exclude Articles 20 and 21 from its scope.
Key takeaways:
References:
