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The Preamble of the Constitution of India – India declaring itself as a country. The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State. These sections are considered vital elements of the ...
The Fundamental Rights are defined as basic human freedoms where every Indian citizen has the right to enjoy for a proper and harmonious development of personality and life. These rights apply universally to all citizens of India, irrespective of their race, place of birth, religion, caste or gender.
The Constitution of India is the supreme law of India. [2][3] The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens.
Human rights in India is an issue complicated by the country's large size and population as well as its diverse culture, despite its status as the world's largest sovereign, secular, socialist democratic republic. The Constitution of India provides for fundamental rights, which include freedom of religion. Clauses also provide for freedom of ...
Directive Principles are affirmative directions and are non - justiciable. However, this does not mean that they are subordinate to fundamental rights; Fundamental Rights and Directive Principles go hand in hand. Article 37 of the Constitution of India talks about the application of Directive Principles provided under Article 36 to Article 51.
The 42nd Amendment added new Directive Principles, viz. Article 39A, Article 43A and Article 48A. [17] The 42nd Amendment gave primacy to the Directive Principles, by stating that "no law implementing any of the Directive Principles could be declared unconstitutional on the grounds that it violated any of the Fundamental Rights".
The Preamble to the Constitution of India is based on the Objectives Resolution, which was moved in the Constituent Assembly by Jawaharlal Nehru on 13 December 1946 accepted on 22 January 1947 and adopted by the Constituent Assembly on 26 November 1949, coming into force on 26 January 1950, celebrated as the Republic Day of India, and was initially drafted by Jawaharlal Nehru. [1]
The Twenty-fifth Amendment of the Constitution of India, officially known as The Constitution (Twenty-fifth Amendment) Act, 1971, curtailed the fundamental right to property, and permitted the acquisition of private property by the government for public use, on the payment of compensation which would be determined by the Parliament and not the courts. [1]