...Rights and Duties are like to two sides of a coin, absolutely inseparable. Whenever and wherever we have any rights, we must have corresponding duties. Whether it be the home, the society or the country, in every sphere of life we have rights and duties t. We have rights in the same measure as we have duties. Let us be very clear that there can be no rights without an equal measure of corresponding duties or responsibilities. Part III of the Indian Constitution enumerates the Fundamental Rights of Indian citizens, including the right to equality, speech, expression etc. However, originally the Indian Constitution did not include a chapter on fundamental duties of citizens. In 1976 only this has been incorporated in order to restrict and balance rights and duties. However, sufficient attention has not been given to duties of the citizens and this neglect is here for all of us to see and bear. All Indians are very well aware of their rights but none yes, none of us to be equally aware of duties. We continue to ask for this right and that right but, do we ever wait to ponder if we are doing our duties also? Not only the Indian Constitution even most of the Western countries have ignored the inclusion of fundamental duties in their books. However, there it did not ever lead to chaos similar to what we see here in India. This is because, most of these advanced countries of the West are imbued with a high sense of patriotism as a result of education and training in their elementary...
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...FUNDAMENTAL DUTIES Fundamental Duties of India are guaranteed by the constitution of India in Part IV. These duties are identified as the moral obligations and help in promoting the spirit of patriotism and to uphold the unity of the country. These duties are designed concerning the individuals and the nation. However, these fundamental duties are not legally enforceable. Furthermore, the citizens are morally obligated by the constitution to perform these duties. The Fundamental Duties were added by the 42nd Amendment Act in 1976. Article 51-A of the constitution provides ten Fundamental Duties of the citizen. These duties can be classified accordingly as concerning the environment, duties towards the State and duties towards the nation and also duties towards self. However, these are non-justiciable, incorporated only with the purpose of promoting patriotism among citizens. The international instruments such as the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights include reference of such duties. These Fundamental Duties are such obligations that extend not only to the citizens, but also to the State. According to the Fundamental Duties all citizens should respect the national symbols of India and also the constitution. The fundamental duties of the land also aim to promote the equality of all individuals, protect the environment and public property, to develop scientific temper, to abjure violence, to strive towards excellence...
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...major concerns of the women’s movement all over the world. In India since long back, women were considered as the oppressed section of the society and they were neglected for centuries. Thus, the first task in post- independent India was to provide a constitution to the people which would not make any distinction on the basis of sex. Article 14 of the Indian Constitution declares that equality before law and equal protection of law shall be available to all. Similarly, Article 15 of the Indian Constitution says that there shall be no discrimination against any citizen on the grounds of sex. Further, Article 15(1) guarantees equality of opportunity for all citizens in matters relating to employment. Article 15(3) provides that the state can make special provision for women and children. In Union of India v. K.P.Prabhakaran,1997,11SCC 638, where Supreme Court held reservation of certain posts exclusively for women is valid under article 15(3), article covers every sphere of state action. Besides, Directive Principles of State Policy which concern women directly and have a special bearing on their status include Article 39(a) right to an adequate means for livelihood. Article 39-A of the Constitution provides equal justice and free legal aid. The state shall ensure that the operation of the legal system promotes justice on a basis of equal opportunity and shall in particular provide free legal aid by appropriate legislation or schemes or in any other way to ensure the existence of...
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...CONSTITUTION AND ENVIROMENTAL LAW Environmental protection has found a special mention in the Indian constitution. The preamble to the Constitution provides that our country is based on socialistic pattern of society. The basic aim of socialism is to provide a decent standard of living to all, which can be possible only in a pollution free environment. Also, in a democratic republic, people have the right to know and access information on government policies which is very important for the success of environmental policies. The starting point of environmental protection is the fundamental rights and directive principles of state policy which underline our national commitment to protect and improve the environment. The interpretation given to article 21 of the Constitution contained in the Fundamental Rights has added new dimensions to the quality of life and its relating effect on the environment. The Constitution of India as originally enacted did not contain any specific provision to deal with environmental pollution though Article 47 made an indirect reference to improvement of public health as one of the primary duties of the state. Article 51 (c) provides that the state shall endeavour to foster respect for international law and treaty obligations in the dealings of organised peoples with one and another. Article 253 of the Constitution specifically empowers parliament to make any law for the whole or part of india for implementing any treaty, agreement or convention...
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...Parliament 1.1.3. Judiciary 5. The Indian State Union and its territory 6. Citizenship 7. Fundamental Rights 8. Main duties Introduction Democracy Democracy it is a Greek word. From the Greek is translated as democratia, means – Demos= people and kratia = government. Democracy is political system of mass participation, competitive elections and human and civil rights. (Political science. Michael G. Rosin) India is called as most popular democracy in the world. Let’s consider some aspects and answer the question why is it a Democratic country? What kind of state it is? What kind of state system is there? In addition we want to discuss about human rights and their duties. We divided our research paper into part for better understanding and definition of each point of the country. In conclusion we want to summarise each point and answer to the main question: is India a really democratic country according its definition and characteristics of it? History of India The first known civilization in India was Harappan. It originated in the early third millennium BC on the banks of the Indus River. It was a highly urban culture which existed until the middle of the 2nd millennium BC . After there was a time of migration and settlement of the Aryan tribes in the North of India. Aryans assimilated with the local population. As the result it was Indo-Aryan culture of the Vedas era (The Vedas it is ancient Indian collection of religious hymns and spells)...
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...The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest[1] written constitution of any sovereign country in the world, containing 448[Note 1][2] articles in 25[Note 2] parts, 12[Note 3] schedules, 5 appendices and 98[Note 4]amendments (out of 120[3] Constitution Amendment Bills). Besides the English version, there is an official Hindi translation. Dr. Bhimrao Ramji Ambedkar is widely regarded as the father of the Indian Constitution. The Preamble to the Constitution of India is "Declaration of Independence" statement & a brief introductory that sets out the guiding principles & purpose of the document.It is the soul of the Indian Constitution, written by the Father of Indian Constitution Dr. B. R. Ambedkar. Proper function of a Preamble is to explain certain facts which are necessary to be explained before the enactments contained in the Act can be understood.[1] Preamble is not an integral part of the Indian constitution was once decided upon by the Supreme Court of India in the BeruBari case;[2] therefore it is not enforceable in a court of law. However, the Supreme Court of India has, in theKesavananda case, recognised that the preamble may be used to interpret ambiguous areas of the constitution where differing interpretations...
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...The Constitution of India is the supreme law of India . It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest[1] written constitution of any sovereign country in the world, containing 448 [Note 1][2] articles in 25 [Note 2] parts, 12[Note 3] schedules, 5 appendices and 98[Note 4] amendments (out of 120 [3] Constitution Amendment Bills). Besides 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 parliamentary system of government and the executive is directly accountable to the legislature . Article 74 provides that there shall be a Prime Minister of India as the head of government. It also states that there shall be a President of India and a Vice-President of India under Articles 52 and 63. Unlike the Prime Minister, the President largely performs ceremonial roles. The Constitution of India is federal in nature. Each state and each Union territory of India has its own government. Analogues to President and Prime Minister, each has a Governor (in case of states) or Lieutenant Governor (in the case of Union territories) and a Chief Minister . The 73rd and 74th Amendment Act also introduced the system of Panchayati...
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...of document; in fact the Indian Constitution is the longest in the world. As of now is has 441 Articles and 12 Schedules. It is probably the longest of the organic laws now extant in the world. The Constitution of India confers upon India the status of Sovereign Socialist Secular Democratic Republic. It allows us to elect our representatives and to form a government to makes laws and enforce them. The Constitution of India guarantees to the people certain basic human rights and freedoms, such as, equal protection of laws, freedom of speech and expression, freedom of worship and religion, freedom of assembly and association, freedom to move freely and to reside and settle anywhere in India, freedom to follow any occupation, trade or business, freedom of person, freedom against double jeopardy and against ex post facto laws. These rights are knows as Fundamental Rights and are envisaged in Part III of the Constitution of India. A person can claim Fundamental Rights against the state subject to the state imposing some permissible restrictions in the interest of social control. The grounds for imposing these restrictions on Fundamental Rights are expressly mentioned in the Constitution itself and, therefore, these rights can be abridged only to the extent laid down. The Ramlila Incident was a very unfortunate event. The Supreme Court of India took suo moto cognizance of the case and gave a new dimension to the Fundamental Rights stating that the right to sleep peacefully was a...
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...administrative, legal, environmental, protection of monuments, peace and security. * Article 36 to 51 of the Constition of India embodies the Directive Principles of State policy and for these we are indebted to the Constitution of Ireland. The objective is to establish a social and economic democracy in India * Article 37 reveals that : 1. The Directive Principles are not justiciable 2. They are Fundamental in the governance of the country 3. It shall be the duty of the State to apply these Directive Principles while formulating policies or making laws for the governance of the State CLASSIFICATION * Socialist Principles * Liberal Principles * Gandhian Principles * International principles SOCIALIST PRINCIPLES * Article 38 of the Constitution of India shall endeavour to formulate such social system which will secure social, economic and political justice to all in all the spheres of life. * Article 39(a) the state shall try to formulate its policyin such a manner so as to secure adequate means of livelihood for all its citizens. * Article 39(b) the ownership of material resources would be controlled in such a manner so as to subserve the common good. * Article 39(c) the economy of the state will be administered in such a manner so that wealth may not yet be concentrated in a few hands and the means of...
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...decades. In this time it has achieved some remarkable successes but also failed in significant ways. While economic growth has been rapid over recent decades, this has not translated into greater welfare for the majority of the Indian population. Despite being severely critical of its politicians, the electorate however remains enthusiastic in its political participation, especially at elections. In 1947, when India gained her independence from colonial rule, the choice of parliamentary democracy and a universal franchise for such a poor, vast and largely illiterate nation was considered foolhardy by many observers, at home and abroad. Nevertheless the first general election was held with great rigour, enthusiasm and success in 1952. In the meantime, a Constitution reflecting the political and ideological goals of the new nation had been adopted. It was authored by the Constituent Assembly made up of 299 members who represented the enormous class, religious and linguistic diversity of India’s population and who after much debate and deliberation set out the framework for India’s future as a republic and parliamentary democracy. Enshrined within it were the principles of the separation of powers, a universal Indian citizen with constitutional rights, equality before the law, the separation of civil and military powers, and the necessity for political competition. The press remains as free as any in the world and contributes to a lively and highly contested public sphere...
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...The Law operating in this field The specific question that: “How far is it permissible under the Constitution for the State to control and regulate admission and fee in private unaided educational institutions?” has bothered the Supreme Court on a plethora of occasions. The apex court in its wisdom has answered the above-mentioned question although meticulously but has left it open-ended. The primary and the contemporaneous issue that whether the constitution of India guarantees a fundamental right to education to its citizens was answered in affirmative by the Supreme Court in the case of Unnikrishnan, J.P. v. State of Andhra Pradesh. [1] An eleven judge bench of the Supreme Court for the first time, inter alia addressed the issue of fee structure in detail in the case of T.M.A. Pai Foundation & Ors. Vs. State of Karnataka & Ors. [2] (hereinafter referred to as the Pai Foundation case). A bench of eleven judges was constituted so that it would not be bound by any of their earlier decisions. The fact that merits consideration is that the apex court was divided in its opinion in this case, which gave rise to subsequent questions, arising from the different interpretations by the different High courts. The apex court was vigilant enough to take into cognizance the ambiguities which had arisen from the aforesaid judgment, hence it constituted a constitution bench comprising of five judges to clarify the doubts which had arisen in the Pai foundation case. The Pai foundation case...
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...C. The Case of Hemophilia and Right to Health Hemophilia is a genetic condition in which the body fails to produce a protein known as Factor VIII – a vital component of the blood-clotting mechanism. As a result, hemophiliacs are more susceptible to both internal and external bleeding. There are an estimated 100,000 hemophiliacs in India. Sufferers can only survive and lead relatively normal lives if the disease is treated with an expensive drug called Anti-Hemophilic Factor (AHF). Review of Literature – Anita Kara et al, (2014) India lacks a national policy on the prevention and control of genetic disorders. Although the haemoglobinopathies have received some attention, there are scarce data on the epidemiology of other genetic disorders in India. Using the population...
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...Environmental Protection - Recognizing the human right Pursuit to save the environmental life. Rashmi Shukla (Author) and Titiksha Shrivastava (Co-Author) 09/25/2012 Rashmi Shukla1 Titiksha Shrivastava2 Environmental Protection: Recognizing the Human Right Human rights, these are the basic fundamental rights guaranteed to every human under the Universal Declaration of Human Rights and rights guaranteed to every citizen of India under the constitution of India. Article 21 of the India constitution has often been referred to as the spirit of Indian constitution, the article states that “Nobody shall be deprived of his Right to life and personal liberty except by the procedure established by law”. Prima facie the Article seems to be very concise but through various precedents and judicial dictions the Indian judiciary has recognized various facets pertaining to the article. The article briefly explains the duty of State to provide safe and healthy environment to its citizens as the part of Directive Principle of State Policy provided under Article 36-51 of the Indian Constitution. This paper seeks to marginalize the relation between human rights and Environmental protection by seeking the relation between environment and its effect on human life. The paper also adjudicates the...
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...Singh Chauhan, JJ. Counsels: For Appearing Parties: P.P. Malhotra, ASG, Rajeev Dhavan, Amicus Curiae, Ram Jethmalani, P.H. Parekh, Sr. Advs., Udita Singh, L.R. Singh, Shubhranshu Pedhi, Anil Katiyar, Lata Krishnamurti, Balajji Subramanian, Manu Sharma, Karan Kalia, Pranav Diesh, Sanjay Jain, Vikas Garg, B.K. Prasad, Siddhartha Dave, Shailender Sharma, S.N. Terdal, D.P. Mohanty, Subhasree Chatterjee, Anand Shankar Jha, Ekansh Misra, Advs. for Parekh and Co., Kamini Jaiswal, Shomila Bakshi, Abhimanyu Shrestha and Kumud L. Das, Advs. Subject: Constitution Subject: Criminal Acts/Rules/Orders: Constitution of India (44th Amendment) Act, 1979; Constitution of India (First Amendment) Act, 1951; Constitution of India (Sixteenth Amendment) Act, 1963; Right of Children to Free and Compulsory Education Act, 2010; Constitution of India (Forty-Second Amendment) Act, 1976; Bombay Police Act, 1951 - Section 33(1); Delhi Police Act, 1978 - Section 17(1), Delhi Police Act, 1978 - Section 28, Delhi Police Act, 1978 - Section 29, Delhi Police Act, 1978 - Section 31, Delhi Police Act, 1978 - Section 36, Delhi Police Act, 1978 - Section 47, Delhi Police Act, 1978 - Section 65; Motor Vehicles Act; Uttar Pradesh Urban Planning and Development Act, 1973 - Section 25, Uttar Pradesh Urban Planning and Development Act, 1973 - Section 42; Code of Criminal Procedure, 1973 (CrPC) - Section 91, Code of Criminal Procedure, 1973 (CrPC)...
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...UNIFORM CIVIL CODE AND ROLE OF INDIAN JUDICIARY CONCEPT AND MEANING OF UNIFORM CIVIL CODE The expression ‘Uniform Civil Code (UCC)’ consists of three terms- ‘Uniform’, ‘Civil’, ‘Code’. The word ‘Uniform’ means one and the same in all circumstances whatsoever; the term ‘Civil’ has been derived from the latin word ‘Civils’ meaning citizen when used as an adjective to the term ‘law’, it means pertaining to the private rights and remedies of a citizen, as distinguished criminal, political, etc. The word ‘Code’ is derived from the Latin word ‘Codex’ which means a book. Therefore, the term ‘Civil Code’ is read in conjunction with the adjective ‘Uniform’ it connotes a code which shall be uniformly applicable to all citizens irrespective of their religion, race, sex, caste and creed. Uniform Civil Code, therefore, generally refers to that part of law which deals with family affairs of an individual and denotes uniform law for all citizens, irrespective of his/her religion, caste or tribe. UNIFORM CIVIL CODE AND INDIAN CONSTITUTION Article 44 of the Constitution of India requires the state to secure for the citizens of India a Uniform Civil Code throughout the territory of India. India is a unique blend and merger of codified personal laws of Hindus, Christians, Parsis and to some extent of laws of Muslims. However, there exists no uniform family related law in a single statutory book for all Indians which are universally acceptable to all religious communities who co-exist...
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