Q 1. Describe the various constitutional provisions for the protection and development of women and children in India. 200 w
Fundamental Rights (FRs) and Directive Principles of State Policy (DPSP) lay down the framework for regulating the relationship between the citizen and the state. Fundamental Rights are the most basic rights which the Constitution guarantees to its people by making them justiciable, while DPSPs (whiRead more
Fundamental Rights (FRs) and Directive Principles of State Policy (DPSP) lay down the framework for regulating the relationship between the citizen and the state. Fundamental Rights are the most basic rights which the Constitution guarantees to its people by making them justiciable, while DPSPs (which are non-justiciable) act as a guide for law and policy formulation by the government.
The question of reconciling the two arises in the context of several amendments made by the Parliament to override the fundamental rights and the consequent judicial review by the Supreme Court.
- The Supreme Court, in the Champakam Dorairajan case (1951),held that Fundamental Rights would prevail over the DPSPs in case a conflict arises between the two. However, the Fundamental Rights are amendable.
- The Parliament enacted the First, Fourth and the Seventeenth Constitutional Amendment Acts in order to implement some DPSPs which curtailed the Fundamental Rights.
- These amendments were challenged in the IC Golaknath case (1967). The Supreme Court, partly overruling its decision in Champakam Dorairajan, held that Fundamental Rights are ‘transcendental’ and ‘sacrosanct’. They cannot be amended to implement DPSPs even by way of a constitutional amendment act as it would violate Article 13 (which provides that no law shall be made in contravention of the Fundamental Rights mentioned under Part III of the Constitution).
- In order to circumvent the IC Golaknath decision, the Parliament enacted that 24th and the 25th Constitutional Amendment Acts.
- The question was finally settled by the thirteen judge bench of the Supreme Court in the Keshwananda Bharti v State of Kerela case (1973). The Court held that both Fundamental Rights and DPSPs reflect the conscience of the Constitution. There is no antithesis between them and one supplements the other.
- This position was reiterated by the Supreme Court in the Ashok Kumar Thakur case (2008) wherein it was held that there is no distinction between Fundamental Rights and DPSPs. While Fundamental Rights are political and civil rights, DPSPs are social and economic rights. None is subordinate to the other.
Therefore, the present position in law is that both, Fundamental Rights and DPSPs, must be harmoniously construed. No question arises about one prevailing over the other.
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Numerous articles proposed to boost and ensure girls and minors are granted permission under the Indian Constitution. These paragraphs safeguard their rights and advance their prosperity. The following are a few noticeable points: Right to Equality (Article 14): It guarantees that babies and women hRead more
Numerous articles proposed to boost and ensure girls and minors are granted permission under the Indian Constitution. These paragraphs safeguard their rights and advance their prosperity. The following are a few noticeable points:
Right to Equality (Article 14): It guarantees that babies and women have unchanging permissible rights.
Prohibition of Discrimination (Article 15): It is illegitimate to fool girls and juveniles on the footing of their race, myth, social class, sexuality, or place of beginning. Women and infants were granted permission to catch bias from the United States of America.
Equal potential (Article 16): This guarantees that all crowds, containing wives, have an equal approach to task potential.
Right to Education (Article 21A): All toddlers between six and fourteen are labeled to free and binding instruction.
Protection Against Exploitation (Article 23): Outlaws forced work, containing offspring labor, and human dealing.
Prohibition of Child Labor (Article 24): Under 14-period-olds are not within the allowed limits to introduce mines, laboratories, or additional hazardous tasks.
Promotion of Interests (Article 39): The State is necessary to confirm that minors’s sensitive age and the fitness and substance of laborers, either male or female, are not harmed. Equal rectification for equal work is another of Allure’s main aims for two together people of a community.
Maternity Relief (Article 42): The State concedes the possibility deal with the supply of a period of being pregnant with child remedy as well as fair and appropriate occupied environments.
Fundamental Duties (Article 51A): It is the blame of villagers to give up conduct that belittles the value of mothers and to specify juveniles’ approach to instruction.
Together, these constitutional provisions safeguard daughters’s and teenagers’s rights, advancing their progress and happiness in India.
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