This website uses cookies to ensure you have the best experience. Learn more

Fundamental Rights Essay

2460 words - 10 pages

Fundamental rights:
Fundamental Rights' is a charter of rights contained in the Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus. Violation of these rights result in punishments as prescribed in the Indian Penal Code, subject to discretion of the judiciary. The Fundamental Rights are defined ...view middle of the document...

However, the State may make any special provision for women and children. Special provisions may be made for the advancements of any socially or educationally backward class or scheduled castes or scheduled tribes.[14]
* Equality in matters of public employment: Article 16 of the constitution lays down that the State cannot discriminate against anyone in the matters of employment. All citizens can apply for government jobs. There are some exceptions. The Parliament may enact a law stating that certain jobs can only be filled by applicants who are domiciled in the area. This may be meant for posts that require knowledge of the locality and language of the area. The State may also reserve posts for members of backward classes, scheduled castes or scheduled tribes which are not adequately represented in the services under the State to bring up the weaker sections of the society. Also, there a law may be passed which requires that the holder of an office of any religious institution shall also be a person professing that particular religion.[15] According to the Citizenship (Amendment) Bill, 2003, this right shall not be conferred to Overseas citizens of India.[9]
* Abolition of untouchability: Article 17 of the constitution abolishes the practice of untouchability. Practice of untouchability is an offense and anyone doing so is punishable by law.[16] The Untouchability Offences Act of 1955 (renamed to Protection of Civil Rights Act in 1976) provided penalties for preventing a person from entering a place of worship or from taking water from a tank or well.
* Abolition of Titles: Article 18 of the constitution prohibits the State from conferring any titles. Citizens of India cannot accept titles from a foreign State.[17] The British government had created an aristocratic class known as Rai Bahadurs and Khan Bahadurs in India — these titles were also abolished. However, Military and academic distinctions can be conferred on the citizens of India. The awards of Bharat Ratna and Padma Vibhushan cannot be used by the recipient as a title and do not, accordingly, come within the constitutional prohibition".[18] The Supreme Court, on 15 December 1995, upheld the validity of such awards.
[edit] Right to freedom
The Constitution of India contains the right to freedom, given in articles 19, 20, 21 and 22, with the view of guaranteeing individual rights that were considered vital by the framers of the constitution. The right to freedom in Article 19 guarantees the following six freedoms:[19]
* Freedom of speech and expression, which enable an individual to participate in public activities. The phrase, "freedom of press" has not been used in Article 19, but freedom of expression includes freedom of press. Reasonable restrictions can be imposed in the interest of public order, security of State, decency or morality.
* Freedom to assemble peacefully without arms, on which the State can impose reasonable restrictions in the interest of...

Other Essays Like Fundamental Rights

Constitution Essay

961 words - 4 pages citizens. 3. Freedom For All supports the fundamental freedoms of thought and expression, including the right to hold and express dissenting opinions without fear of arbitrary detention, torture or imprisonment. 4. Freedom For All supports the right to family life, as outlined in the Universal Declaration of Human Rights, which describes the family as the natural and fundamental unit of society and declares it entitled to protection

Universalism and Human Rights Essay

1449 words - 6 pages Islamic scholars. These scholars state that Human Rights are not universal in nature, and instead, depend on the context of the culture that is present in the nation in question. In addition to being an important moral issue, the idea of Human Rights protection is undoubtedly crucial to American Foreign Policy, as well as to International Relations as a whole. According to the United States Department of State, “The Protection of fundamental human

Basic Principles of the Indian Constitution

1055 words - 5 pages , exercise their supreme authority in setting up a democratic, people's government. Fundamental Rights - The report card of a democracy is as good as the extent of Freedoms and rights enjoyed by the citizens in general. A genuine democracy must always be careful from the temptation of transforming into a system under the ruling majority claims infallibility for itself. It is a necessary precaution in a democracy that the will of the government be

The Constitution And The Bill Of Rights

932 words - 4 pages that affects every single citizen within the United States every single day. It is the foundation of our country. It provides a single legal basis for all the fundamental rights of the citizens in form of the Bill of Rights. It clearly defines the basic civil liberties, and the power and responsibilities of the federal government in the first ten amendments. Secondly, it functions as a strong framework to ensure peace and order in the country. As

International Law- Nibm Answers

3022 words - 13 pages equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Article 8. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. Article 9. one shall be subjected to arbitrary arrest, detention or exile Article 10. Everyone is

Have Human Rights Always Been Part of Human History?

2461 words - 10 pages fundamental concerns of the time. It made the King subject to the rule of law, like any citizen, instead of claiming to be the law's source. It required the King to ‘respect the power of Parliament’ (Maer & Gay, 2009) in regards that he was elected by the people, with the power to control the state's money and property. It also ‘protected some basic rights to justice for example excessive bail or fines, cruel and unusual punishments and unfair

Human Rights

1734 words - 7 pages broad spectrum of rights, including: Group and collective rights Right to self-determination Right to economic and social development Right to a healthy environment Right to natural resources Right to communicate and communication rights Right to participation in cultural heritage Rights to intergenerational equity and sustainability The six fundamental rights recognised by the Indian constitution are: Right to equality, including

Counter Terrorism and Human Rigfts

3742 words - 15 pages challenges related to the definition of terrorism and the principle of legality are addressed in further detail in chapter III, section G. The meaning of Human rights Human rights are universal values and legal guarantees that protect individuals and groups against actions and omissions primarily by State agents that interfere with fundamental freedoms, entitlements and human dignity. The full spectrum of human rights involves respect for

Joe Public

617 words - 3 pages claim in court. If an appeal is not favorable, Joe Public can now request to take his case to a state Superior Court. In this analysis it involves asking simply whether the statute is rationally related to a legitimate government purpose. If it is, the statue will not be struck down on substantive due process grounds. Substantive due process claims are split into two categories, those involving fundamental rights and non-fundamental rights. If Joe

'Liberalism Is Closely Associated with the Protection of Human Rights and the Promotion of Constitutional Reform' Discuss (30)

1045 words - 5 pages , fundamental, indivisible and absolute. John Lock and Thomas Jefferson had large amounts of influence over the development of liberal ideology and they were both considered ‘natural rights theorists’ of the 17th/18th centuries. For Locke and Jefferson right are ‘natural’ or inherent in the sense that they are invested in the humans by nature or God. Natural rights are now referred to as human rights; this shows their closeness to liberalism as

What Is Scientology

511 words - 3 pages is guided by each individual and their desire to become enlightened and live a more fulfilling life.Scientology is based on fundamental beliefs, such as the following:All individuals have inalienable rights to their own lives;All individuals have inalienable rights to their own sanity;All individuals of whatever race, color, or creed were created with equal rights;Survival depends upon the individual, their fellows and their attainment of

Related Papers

Fundamental Rights And Duties Of Indian Citizens

574 words - 3 pages What are the fundamental rights of every citizen of India ? SAPTARSHI DUTTA Our Constitution gives us some other rights which are known as Fundamental Rights. These rights cannot be taken back in normal times. The Constitution gives us six fundamental rights. The following are the fundamental rights given by our Constitution. 1. Right to Freedom: Right to freedom is an important fundamental right. Every one is free to express his

Hhr Paper

1056 words - 5 pages subject to the Shari’ah, women do not have equal rights of men under law, so not all individuals are equal under the law. The fact that the Cairo Declaration exists suggests that the 1980’s and 1990’s international human rights movement was weak, because the people of Islam did not get full human rights, for the Shari’ah and the Cairo document were limiting their rights. The Cairo Declaration gave the people of Islam all the basic fundamental

Declaration On The Right To Development

1678 words - 7 pages Declaration on the Right to Development Adopted by General Assembly resolution 41/128 of 4 December 1986 The General Assembly, Bearing in mind the purposes and principles of the Charter of the United Nations relating to the achievement of international co-operation in solving international problems of an economic, social, cultural or humanitarian nature, and in promoting and encouraging respect for human rights and fundamental freedoms for all

An Alysis Of The Case "Omega Spielhallen V Bonn"

946 words - 4 pages fundamental human rights, whether they arise from the Constitutions of the Member States or from provisions of the ECHC, can limit the freedom to provide services. The firm Omega was producing combat games which gave the users the opportunity to "play at killing" with lasers. The Bonn police saw this activity as a threat to public secturity and prohibited it. However, the firm objected against this provision and the case was brought before the