Fundamental rights & directive principles

Its has all the fundamental rights and Directive principles.

1. FUNDAMENTAL RIGHTS & DIRECTIVE PRINCIPLES MADE BY GUNJAN

2. INTRODUCTION The Fundamental Rights and Directive Principles had their origins in the Indian independence movement, which strove to achieve the values of liberty and social welfare as the goals of an independent Indian state. The development of constitutional rights in India was inspired by historical documents such as England's Bill of Rights, the United States Bill of Rights and France's Declaration of the Rights of Man. The demand for civil liberties formed an important part of the Indian independence movement, with one of the objectives of the Indian National Congress (INC) being to end discrimination between the British rulers and their Indian subjects. This demand was explicitly mentioned in resolutions adopted by the INC between 1917 and 1919. The demands articulated in these resolutions included granting to Indians the rights to equality before law, free speech, trial by juries composed at least half of Indian members, political power, and equal terms for bearing arms as British citizens .

3. Fundamental Rights The Fundamental Rights, embodied in Part III of the Constitution, guarantee civil rights to all Indians, and prevent the State from encroaching on individual liberty while simultaneously placing upon it an obligation to protect the citizens' rights from encroachment by society . Seven fundamental rights were originally provided by the Constitution – right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies. However , the right to property was removed from Part III of the Constitution by the 44th Amendment in 1978 . The purpose of the Fundamental Rights is to preserve individual liberty and democratic principles based on equality of all members of society. Dr Ambedkar said that the responsibility of the legislature is not just to provide fundamental rights but also and rather more importantly, to safeguard them.

4. Right to Equality Equality before Law :- Article 14 of the constitution guarantees that all citizens shall be equally protected by the laws of the country. Social equality and equal access to public areas :- Article 15 of the constitution states that no person shall be discriminated on the basis of caste, colour, language etc. Every person shall have equal access to public places like public parks, museums, wells, bathing Ghats and temples etc.

5. 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 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 . 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 .

6. RIGHT TO FREEDOM 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 . Freedom to assemble peacefully without arms , on which the State can impose reasonable restrictions in the interest of public order and the sovereignty and integrity of India .

7. Freedom to form associations or unions on which the State can impose reasonable restrictions on this freedom in the interest of public order, morality and the sovereignty and integrity Freedom to move freely throughout the territory of India though reasonable restrictions can be imposed on this right in the interest of the general public, for example, restrictions may be imposed on movement and travelling, so as to control epidemics . Freedom to reside and settle in any part of the territory of India which is also subject to reasonable restrictions by the State in the interest of the general public or for the protection of the schedule tribes because certain safeguards as are envisaged here seem to be justified to protect indigenous and tribal peoples from exploitation and coercion . Freedom to practice any profession or to carry on any occupation , trade or business on which the State may impose reasonable restrictions in the interest of the general public. Thus, there is no right to carry on a business which is dangerous or immoral .

8. RIGHT AGAINST EXPLOITATION The abolition of trafficking in human beings and Beggar ( forced labour). Abolition of employment of children below the age of 14 years in dangerous jobs like factories and mines . Beggar , practised in the past by landlords, has been declared a crime and is punishable by law. Trafficking in humans for the purpose of slave trade or prostitution is also prohibited by law .

9. RIGHT TO FREEDOM OF RELIGION According to the Constitution, all religions are equal before the State and no religion shall be given preference over the other . Citizens are free to preach, practice and propagate any religion of their choice . Religious communities can set up charitable institutions of their own. Activities in such institutions which are not religious are performed according to the laws laid down by the government. No person shall be compelled to pay taxes for the promotion of a particular religion.

10. CULTURAL & EDUCATIONAL RIGHTS ARTICLES 29 & 30 Any community which has a language and a script of its own has the right to conserve and develop it . All minorities, religious or linguistic, can set up their own educational institutions to preserve and develop their own culture.

11. RIGHT TO CONSTITUTIONAL REMEDIES Right to constitutional remedies empowers the citizens to move a court of law in case of any denial of the fundamental rights . 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 .

12. DIRECTIVE PRINCIPLES

13. HISTORY The concept of Directive Principles of State Policy was borrowed from the Irish Constitution . The makers of the Constitution of India were influenced by the Irish nationalist movement . The principles have been inspired by the Directive Principles given in the Constitution of Ireland and also by the principles of Gandhi's ; and relate to social justice, economic welfare, foreign policy, and legal and administrative matters.

14. Definition The Directive Principles of State Policy are guidelines to the central and state governments of India, to be kept in mind while framing laws and policies. These provisions , contained in Part IV of the Constitution of India , are not enforceable by any court, but the principles laid down therein are considered fundamental in the governance of the country, making it the duty of the State to apply these principles in making laws to establish a just society in the country.

15. Characteristics Directive Principal of State Policy's aim to- C reate social and economic conditions under which the citizens can lead a good life. E stablish social and economic democracy through a welfare state. They act as a, yardstick in the hands of the people to measure the performance of the government . The Directive Principles are non-justiciable rights of the people . The Directive Principles, though not justiciable, are fundamental in the governance of the country.

16. Implementation of the Directive Principles :- As mentioned earlier, unlike the fundamental rights which are guaranteed by the Constitution of India, the Directive Principles do not have a legal sanction and cannot be enforced in a court of law. However, the State is making every effort to implement the Directive Principles in as many sectors as possible. The noteworthy implementation is the 86th constitutional amendment of 2002 which inserted a new article , Article 21-A, making free education for children below the age of 14 compulsory. Prevention of Atrocities Act safeguarding the interests of SC and ST, several Land Reform Acts, Minimum Wage Act (1948), are a few other examples of the implementation of the Directive Principles. Based on the guidelines of the Directive Principles, the Indian Army has participated in 37 UN peace-keeping operations.

17. Categories Of The Directive Principles : Socialistic Directives: This part contains the directives for securing the welfare of the people of India, equal distribution of the material resources of the country protection of the fundamental rights of the children and youth, equal pay for equal work, education etc . Gandhian Directives: Under these directives are the guidelines for organising village Panchayat , prohibition of intoxicating drinks and cow-slaughter , secure living wage, decent standard of life, and to promote cottage industries, to provide free and compulsory education to all children up to 14 years of age etc. Liberal Intellectual Directives: In this section there are guidelines for uniform civil code throughout the country and the legislatures to follow in issuing orders or making laws .

18. Some Features Of The Directive Principles :- The State should strive to promote the welfare of the people. Maintain social order through social, economic and political justice. The State should strive towards removing economic inequality. Removal of inequality in status and opportunities . To secure adequate means of livelihood for the citizens . Equal work opportunity for both men and women. Prevent concentration of wealth in specific pockets through uniform distribution of the material resources amongst all the strata of the society. Prevention of child abuse and exploitation of workers. Protection of children against moral and material abandonment.

19. Amendments :- Changes in Directive Principles require a Constitutional amendment which has to be passed by a special majority of both houses of the Parliament . This means that an amendment requires the approval of two-thirds of the members present and voting. However, the number of members voting should not be less than the simple majority of the house – whether the Lok Sabha or Rajya Sabha . Article 31-C , inserted into the Directive Principles of State Policy by the 25th Amendment Act of 1971 seeks to upgrade the DPSPs . If laws are made to give effect to the Directive Principles over Fundamental Rights, they shall not be invalid on the grounds that they take away the Fundamental Rights. Article 45 , which ensures Provision for free and compulsory education for children, was added by the 86th Amendment Act, 2002 . Article 48-A , which ensures Protection and improvement of environment and safeguarding of forests and wild life, was added by the 42nd Amendment Act, 1976 .

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