Essay On Rights And Duties Of A Citizen

Essay On Rights And Duties Of A Citizen-14
These rights are largely enforceable against the State, which as per the wide definition provided in Article 12, includes not only the legislative and executive wings of the federal and state governments, but also local administrative authorities and other agencies and institutions which discharge public functions or are of a governmental character.Further, certain Fundamental Rights – including those under Articles 14, 20, 21, 25 – apply to persons of any nationality upon Indian soil, while others – such as those under Articles 15, 16, 19, 30 – are applicable only to citizens of India.

These rights are largely enforceable against the State, which as per the wide definition provided in Article 12, includes not only the legislative and executive wings of the federal and state governments, but also local administrative authorities and other agencies and institutions which discharge public functions or are of a governmental character.Further, certain Fundamental Rights – including those under Articles 14, 20, 21, 25 – apply to persons of any nationality upon Indian soil, while others – such as those under Articles 15, 16, 19, 30 – are applicable only to citizens of India.

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These rights resembled those of the American Constitution and those adopted by post-war European countries, and several of them were adopted from the 1925 Bill.

Several of these provisions were later replicated in various parts of the Indian Constitution, including the Fundamental Rights and Directive Principles.

Like the Directive Principles, they are not enforceable by courts unless otherwise made enforceable by parliamentary law.

List ∙ 1 ∙ 2 ∙ 3 ∙ 4 ∙ 5 ∙ 6 ∙ 7 ∙ 8 ∙ 9 ∙ 10 ∙ 11 ∙ 12 ∙ 13 ∙ 14 ∙ 15 ∙ 16 ∙ 17 ∙ 18 ∙ 19 ∙ 20 ∙ 21 ∙ 22 ∙ 23 ∙ 24 ∙ 25 ∙ 26 ∙ 27 ∙ 28 ∙ 29 ∙ 30 ∙ 31 ∙ 32 ∙ 33 ∙ 34 ∙ 35 ∙ 36 ∙ 37 ∙ 38 ∙ 39 ∙ 40 ∙ 41 ∙ 42 ∙ 43 ∙ 44 ∙ 45 ∙ 46 ∙ 47 ∙ 48 ∙ 49 ∙ 50 ∙ 51 ∙ 52 ∙ 53 ∙ 54 ∙ 55 ∙ 56 ∙ 57 ∙ 58 ∙ 59 ∙ 60 ∙ 61 ∙ 62 ∙ 63 ∙ 64 ∙ 65 ∙ 66 ∙ 67 ∙ 68 ∙ 69 ∙ 70 ∙ 71 ∙ 72 ∙ 73 ∙ 74 ∙ 75 ∙ 76 ∙ 77 ∙ 78 ∙ 79 ∙ 80 ∙ 81 ∙ 82 ∙ 83 ∙ 84 ∙ 85 ∙ 86 ∙ 87 ∙ 88 ∙ 89 ∙ 90 ∙ 91 ∙ 92 ∙ 93 ∙ 94 ∙ 95 ∙ 96 ∙ 97 ∙ 98 ∙ 99 ∙ 100 ∙ 101 ∙ 102 ∙ 103 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.

According to the Cabinet Mission plan, the Assembly was to have an Advisory Committee to advise it on the nature and extent of fundamental rights, protection of minorities and administration of tribal areas. The sub-committee drafted the Fundamental Rights and submitted its report to the Committee by April 1947, and later that month the Committee placed it before the Assembly, which debated and discussed the rights over the course of the following year, adopting the drafts of most of them by, December 1948.

Accordingly, the Advisory Committee was constituted in January 1947 with 64 members, and from among these a twelve-member sub-committee on Fundamental Rights was appointed under the chairmanship of J. The drafting of the Fundamental Rights was influenced by the adoption of the Universal Declaration of Human Rights by the U. General Assembly and the activities of the United Nations Human Rights Commission, The Directive Principles, which were also drafted by the sub-committee on Fundamental Rights, expounded the socialist precepts of the Indian independence movement, and were inspired by similar principles contained in the Irish Constitution.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 19.The demands articulated in these resolutions included granting to Indians the rights to equality before the law, free speech, trial by juries composed at least half of Indian members, political power, and equal terms for bearing arms as British citizens.Parliament may also restrict the application of the Fundamental Rights to members of the Indian Armed Forces and the police, in order to ensure proper discharge of their duties and the maintenance of discipline, by a law made under Article 33.The Right to Equality is one of the chief guarantees of the Constitution.These rights, defined in Part III of the Constitution, applied irrespective of race, place of birth, religion, caste, creed, or gender.They are enforceable by the courts, subject to specific restrictions.the Supreme Court, overruling a previous decision of 1967, held that the Fundamental Rights could be amended, subject to judicial review in case such an amendment violated the basic structure of the Constitution.The President may, by order, suspend the right to constitutional remedies as well, thereby barring citizens from approaching the Supreme Court for the enforcement of any of the Fundamental Rights, except Articles 20 and 21, during the period of the emergency.

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