Encyclopedia > Fundamental Rights and Directive principles of India
This article needs to be cleaned up to conform to a higher standard of quality.
This article has been tagged since July 2005.
See How to Edit and Style and How-to for help, or this article's talk page.
 | It is requested that this article (or a section of this article) be expanded.
See the request at Wikipedia:Requests for expansion or elsewhere on this talk page. Image File history File links Wikipedia Logo File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ...
| The Fundamental Rights embodied in the Indian constitution acts as a guarante that all Indian citizens can and will lead their lifes in peace as long as they live in Indian democracy. These civil liberties take precedence over any other law of the land. They include individual rights common to most liberal democracies, such as equality before the law, freedom of speech and expression, freedom of association and peaceful assembly, freedom of religion, and the right to constitutional remedies for the protection of civil rights such as habeas corpus. Download high resolution version (993x664, 4 KB) File links The following pages link to this file: Andhra Pradesh Dacoity Haryana Himachal Pradesh India Karnataka Maharashtra Punjab (India) Rajasthan Tamil Nadu West Bengal Delhi Wikipedia:Wikipedians/India Chhattisgarh Andaman and Nicobar Islands Madhya Pradesh Lakshadweep Jammu and Kashmir Freedom House Gujarat...
Image File history File links Small emblem of India 125px height File links The following pages link to this file: India List of national coats of arms Template:India infobox User:Varungarde Wikipedia:Wikiportal/India Template:Wikiportal:India/Introduction ...
Executive President Prime Minister The Union Ministries Legislative Parliament Rajya Sabha Chairman of the Rajya Sabha Lok Sabha Speaker of the House Judicial Supreme Court Chief Justice of the Supreme Court High Courts District Courts Constitution Fundamental Rights and Directive principles Regions States and territories Elections General Elections State Assembly...
The Vice-President of India is second behind the President in the Executive branch of the Government of India. ...
Executive President Prime Minister The Union Ministries Legislative Parliament Rajya Sabha Chairman of the Rajya Sabha Lok Sabha Speaker of the House Judicial Supreme Court Chief Justice of the Supreme Court High Courts District Courts Constitution Fundamental Rights and Directive principles Regions States and territories Elections General Elections State Assembly...
The Deputy Prime Minister of India is one of the most significant posts in the Indian government. ...
Here is a quick look into the Whos who of Cabinet Ministers of India. ...
Chamber of the Estates-General, the Dutch legislature. ...
Executive President Prime Minister The Union Ministries Legislative Parliament Rajya Sabha Chairman of the Rajya Sabha Lok Sabha Speaker of the House Judicial Supreme Court Chief Justice of the Supreme Court High Courts District Courts Constitution Fundamental Rights and Directive principles Regions States and territories Elections General Elections State Assembly...
Executive President Vice-President Prime Minister Dy. ...
The Vice-President of India is second behind the President in the Executive branch of the Government of India. ...
Executive President Vice-President Prime Minister Deputy Prime Minister The Union Ministries Legislative Parliament Rajya Sabha Chairman of the Rajya Sabha Lok Sabha Speaker of the House Judicial Supreme Court Chief Justice of the Supreme Court High Courts District Courts Constitution Fundamental Rights and Directive principles Regions States and territories...
The Speaker of the Lok Sabha is the presiding officer of the lower house of parliament in India. ...
The judiciary, also referred to as the judicature, consists of justices, judges and magistrates among other types of adjudicators. ...
Executive President Prime Minister The Union Ministries Legislative Parliament Rajya Sabha Chairman of the Rajya Sabha Lok Sabha Speaker of the House Judicial Supreme Court Chief Justice of the Supreme Court High Courts District Courts Constitution Fundamental Rights and Directive principles Regions States and territories Elections General Elections State Assembly...
The Chief Justice of India is the highest position obtainable by a judge in India. ...
This article needs to be cleaned up to conform to a higher standard of quality. ...
This article needs to be cleaned up to conform to a higher standard of quality. ...
Wikipedia does not yet have an article with this exact name. ...
India is subdivided into 28 states, 6 union territories and a National Capital Territory. ...
See Election (movie) for the film directed by Alexander Payne. ...
Wikipedia does not yet have an article with this exact name. ...
Executive President Prime Minister The Union Ministries Legislative Parliament Rajya Sabha Chairman of the Rajya Sabha Lok Sabha Speaker of the House Judicial Supreme Court Chief Justice of the Supreme Court High Courts District Courts Constitution Fundamental Rights and Directive principles Regions States and territories Elections General Elections State Assembly...
Political parties in India lists political parties in India. ...
In addition, the Fundamental Rights for Indians are aimed at overturning the inequities of past social practices. They have also been used to in successfully abolishing the "untouchability"; prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth; and forbid trafficking in human beings and also the forced labor. They go beyond conventional civil liberties in protecting cultural and educational rights of minorities by ensuring that minorities may preserve their distinctive languages and establish and administer their own education institutions.
Originally, the right to property was also included in the Fundamental Rights; however, the Forty-fourth Amendment, passed in 1978, revised the status of property rights by stating that "No person shall be deprived of his property save by authority of law." Freedom of speech and expression, generally interpreted to include freedom of the press, can be limited "in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence"
Fundamental Rights
Right to Equality Right to Equality is a very important right given in Part III of the Indian Constitution which makes India a true democracy. It guarantees the following: The Constitution of India, the worlds lengthiest written constitution (with 395 articles and 8 schedules) was passed by the Constituent Assembly on November 26, 1949. ...
The Constitution guarantees that all citizens will be equally protected by the laws of the country. It means that the state cannot discriminate against a citizen on the basis of caste, cree, colour, sex, religion or place of birth. - Social equality and equal access to public areas
No person will be discriminated on on the basis of caste, colour, language etc. Every person will have equal access to public places like public parks, museums, wells, bathing ghats and emples etc. - Equality in matters of public employment
The state also cannot discriminate against anyone in the matters of employment. All citizens can apply for government jobs. But the right to equality contains exceptional provisions too. The constitution provides for special provisions in the form of reservation posts while guaranteeing right to equality. Reserve posts are provided for scheduled castes, scheduled tribes and other backward classes. Similarly, special provisions are for women and children. In South Asias caste system, an untouchable, dalit, or achuta is a person outside of the four castes, and considered below them. ...
Tribal peoples in India comprise a substantial minority of the population of India. ...
Right to equality in the constitiution has also abolished the practice of untouchability. Practice of untouchability is and offense and anyone doing so can be punishable by law. In South Asias caste system, an untouchable, dalit, or achuta is a person outside of the four castes, and considered below them. ...
The constitution has abolished titles except military and academic ones.
Right to Particular Freedom The right to freedom guarantees the following freedoms - Right to speech and expression
- Right to assemble peacefully without arms
- Right to form associations or unions
- Right to move freely throughout the territory of India
- Right to reside and settle in any part of the territory of India
- Right to practise any profession or to carry on any occupation, trade or business.
The right to life and personal liberty is also included in this right. According to this right no one can be awarded punishmentwhich is more than hat the law of the land prescribes at that time. No citizen can be denied his life and liberty except by law. this means that a person's life and personal liberty can only be disputed if that person has committed a crime.
No one can be arrested without being told the grounds for such an arrest. If arrested the person has the right to defend himself by a lawyer of his choice. Also an arrested citizen has to be brought before the nearest magistrate within 24 hours.
However, there is an exception to this general provision. Under preventive detention, the government can imprison a person for some time. It means that if the government feels that a person being at liberty can be a threat to the law and order or to the unity and intgrity of the nation, it can detain or arrest that person to prevent him from doing this possible harm. But preventive detention can be extended only for three months. After three months such a case is brought before an advisory board for review.
No person can be convicted twice for the same offence. (see Double jeopardy). Double jeopardy is a procedural defense (and, in the United States, a constitutional right) that forbids a defendant from being tried a second time for a crime, after having already been tried for the same crime. ...
Besides these, by the 86th constitiutional amendment, right to education has been made one of the fundamental rights under right to life and personal liberty.
The constitiution also imposes restrictions on these rights. The government restricts these freedoms in the interest of the independence, sovereignty and integrity of India. In the interest of morality and public order, the government can also impose restrictions, However the right to life and personal liberty cannot be suspended. The six freedoms are automatically be suspended during national emergency. Restrictions can also be imposed on them.
Right against exploitation Begar was carried out without any payments for landlords and other wealthy persons. It has now been declared a crime and is punishable by law. Unfree labour is a generic or collective term for forms of work, especially in modern or early modern history, in which adults and/or children are employed against their will by the threat of destitution, detention, violence (including death), or other extreme hardship to themselves, or to members of their...
Trafficking in humans for the purpose of slave trade or prostitution is prohibited by law. This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ...
Prostitution is the sale of sexual services, such as oral sex or sexual intercourse, for money. ...
The constitiution forbids employment of children below the age of 14 years in dangerous jobs like factories and mines.
Right to freedom of religion Right to freedom of religion provides religious freedom to all citizens of India. All religions are equal before the state and no religion will be given preference over the other.
Citizens are free to preach, pracise and propogate any religion of their choice. The objective of this rightis to sustain the principle of secularism in India.
No state run institution can give religious education.
Religious communities can set up charitable institutions of their own. Many educational institutions are run by such charities. However, there could be activities in such institutions which are not religious These activities are performed according to the laws laid down by the government. Establshing a charitable institution can also be restricted in the interest of public order, morality and health,
Cultural and educational rights India is a country of many languages, religions and cultures. The constitution provides special measures to protect the rights of the minorities. Any community which has a language and a script of its own, has the right to conserve and develope them.
No citizen can be discriminated against for admission in state or state aided institutions. All minorities, religious or linguistic can set up their own educational institutions. By doing so, they preserve and develope their own culture.
Right to Constitutional Remedies Right to constitutional remedies is a very important right. This right empowers the citizens to go to court in case of any denial of the Fundamental rights.The court of law stands as a guard against the violation of these rights by the government. In case the government uses power against a citizen unjustly or if he is imprisoned or punished unlawfully, this right empowers the aggrieved person to go to court and get justice against government action.
The constitution gives every citizen the right to go to court to get his fundamental rights. For instance, in case of imprisonment, the citizen can ask the court to see if it is according to the provisions of the law of the country. If the court finds that it is not, the person will have to be freed. This procedure of asking the courts to preserve or safeguard the citizens' fundamental rights can be done in various ways. The courts can issue various kinds of writs. These writs are habeas corpus, mandamus, prohibition, quo warranto and certiorari.
When a national or state emergency is declared, this right is suspended by the central government.
Directive Principles Directive Principles of the state policy are instructions or directions given by the constitution to government to keep in mind while making laws or adopting policies.
They help in establishing social and economic equality
They help in establishing a just society. Difference between both are that fundamental rights are GUARANTEED by the constitution and are JUSTICIABLE i.e. we can move to courts if our rights are INFRINGED.
DIRECTIVE PRINCIPLES OF STATE POLICY are mere Guidelines or directions, they are non-justiciable i.e. we cannot approach courts if they are not applied by the Govt.
Fundamental Rights are those rights which are considered necessary for the development of the personality of an Individual. They are included in the constitution so that every citizen can enjoy them and no one is able to encroach upon them.
See also In law, a writ is a formal written order issued by a government entity in the name of the sovereign power. ...
Directives in the Nature of Ideals Of State 1. To minimise inequality in income,status,facilities and oppurtunities, amongst individuals and groups.( The state shall strive to promote the welfare of the people by securing a social order permeated by securing a social,economic and political justice.)
2. The state shall endeavour to secure just and human conditions of work, a living wage, a decent standard of living and social and cultural oppurtunities for all workers.
3. The state shall endeavour to rise the level of nutrition and standard of living and to improve the public health.
4. The state shall direct its policy towards securing equitable distribution of the material resources of the community and prevent concentration of wealth and means of production.
5. The state shall endeavour to promote international peace and amity.
| 
Feeds |
Contact