Assignment On The Fundamental Rights

Assignment On The Fundamental Rights All democratic constitutions provide for the guarantee of certain rights, which are inviolable and beyond the reach of the state. Rights arise from very social nature of man and which are the external conditions necessary for the greatest possible development of the capacities of the personality. Fundamental Rights are sacro sanct and the supporting pillars of democracy as a form of government and as a way of life. . Democracy and inviolable fundamental rights go together. In this assignment I would like to elaborate the Fundamental Rights under the Constitution of India. Constitutionalism is an achievement of the modern world. The following are the salient features of Indian Constitution. The longest written constitution in the world The idea of popular sovereignty Supremacy of the constitution Provision for Fundamental Rights Provision for Directive Principles of State Policy Provides Parliamentary system of Government Provision for secularism Encouraging Socialistic pattern of so ciety Sovereign Democratic Republic Provision for Emergency Provides single citizenship Provision for single integrated judiciary Federalism The constitution of India has a wonderful preamble. The preamble is an introduction to a Constitution. It proclaims the source, objectives and date of adoption of the constitution. The preamble of the Indian constitution reads as follows: WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: †Ã¢â‚¬â„¢JUSTICE†Ã¢â‚¬â„¢, social, economic and political; †Ã¢â‚¬â„¢LIBERTY†Ã¢â‚¬â„¢ of thought, expression, belief, faith and worship; †Ã¢â‚¬â„¢EQUALITY†Ã¢â‚¬â„¢ of status and of opportunity; And to promote among them all †Ã¢â‚¬â„¢FRATERNITY†Ã¢â‚¬â„¢ assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HER EBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. Demand for Fundamental Rights in India During the 19th century a demand for civil rights in India took deep root. The Indians were subjects and not citizens under British rule. Before 1947 India did not have national liberty, and the individual, therefore, could never imagine to have individual freedom with the complete set of guaranteed fundamental rights. As early in 1895, under the inspiration of Bal Gangadar Thilak, a swaraj bill was prepared and this thought in terms of a constitution guaranteeing fundamental rights. In 1928, the Nehru Report spoke of the need to have fundamental rights in the future constitution of India. In 1933, the Karachi session of the Indian National Congress adopted a resolution in favor of fundamental rights. But the British government did not accept the demand of the Indians to incorporate a list of fundamental rights in the constitutions introduced in India. Fundamental Rights: A Preface The F undamental 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.