Category Archives: Fundamental Rights
Difference between Fundamental Rights and Directive Principles
a) Fundamental Rights constitute a limitation upon the state actions whereas, Directive Principles are instruments of instruction to a government to carry out certain responsibilities.
b) Directive Principles cannot be enforced in a court of law and do not create any justifiable right in favour of an individual.
The 42nd Amendment Bill, 1976 had given the Directive Principles precedence over the Fundamental Rights. This amendment also added two more Directive Principles:
a) Free legal aid from state to weaker sections.
b) State to protect natural environment, forests and wildlife.
NATURE OF CITIZENSHIP IN THE INDIAN REPUBLIC
Dual Citizenship 2005
Under the Citizenship Act 2003, those eligible to become citizens of India as on 26 January 1950, could apply for dual Indian citizenship. The government has extended dual citizen ship to all those who were holding the Person of Indian Origin Card (PIOC) and who had migrated from India after the formation of the Indian Republic. Persons of Indian origin who were citizens of Australia. Canada, Finland, France, Greece. Ireland, Israel, Italy, the Netherlands, New Zealand, Portugal. Cyprus. Sweden, Switzerland, the United Kingdom and the United States of America were eligible to apply for dual citizenship. A person who has been at any time a citizen of Pakistan, Bangladesh or any other country that the government may notify in future is not entitled to dual citizenship.
Part II (Articles 5-11) The Constitution provides for only single citizenship and there is no separate citizenship of states. Citizenship can be acquired (Citizenship Act, 1955) by birth, descent, registration, naturalization or when India acquires new territories. Citizenship can be lost by renunciation, termination or deprivation. Parliament can, by law, deprive any person of his citizenship if it is satisfied that citizenship was acquired by fraud, false representation, or concealment of material facts.
Part III (Articles 12-35) Originally, seven Fundamental Rights were listed in the Constitution. However, after the 44th Amendment 1978, there are now only six Fundamental Rights, they are:
1. Right of Equality (Articles 14-1%)
2. Right of Freedom (Article 19) It guarantees
(i) Freedom of speech and expression
(ii) Freedom to assemble peacefully and without arms
(iii) Freedom to form associations and unions
(iv) Freedom of movement throughout India.
(v) Freedom to reside and settle in any part of India
(vi) Freedom to practise any profession, or to carry on any occupation, trade or business
3. Right to Freedom of Religion (Articles 25-28).
4. Cultural and Educational Rights (Articles 29-30)
5. Right Against Exploitation (Articles 23-24)
6. Right to Constitutional Remedies (Articles 32-35)
Right to Property
used to be a Fundamental Right but has now become only a legal right. The Janata Government on 20 June 1978, omitted the Right to Property by Constitution (44th) Amendment Act, 1978.
Part IV (Articles 36-51)
Part IV of the Constitution deals with the Directive Principles of state policy. The main Directive Principles are:
1. Provision of adequate means of livelihood to all.
2. Equitable distribution of wealth among all.
3. Protection of children and youth.
4. Equal pay for equal work to both men and women.
5. Free and compulsory education for children up to the age of 14 years.
6. Prevention of cow slaughter.
7. The right to work, to education, to public assistance in case of
unemployment, old age, sickness and disability.
8. Prohibition of liquor.
9. Establishment of village panchayats.
10. Protection of historical and national monuments.
11. Separation of the judiciary from the Executive to secure for all citizens, a
uniform civil code.
12. Promotion of international cooperation and world security.
13. Free legal aid from the state to the weaker sections of society.
14. State to protect natural environment, forests and wildlife.