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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 ...
Fundamental rights for Indians have also been aimed at overturning the inequalities of pre-independence social practices. Specifically, they have also been used to abolish untouchability and hence prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They also forbid trafficking of human beings and forced labour.
The Fundamental Rights are defined as basic human freedoms which every Indian citizen has the right to enjoy for a proper and harmonious development of personality. These rights (defined in Part III of the Constitution of India) universally apply to all citizens, irrespective of race, place of birth, religion, caste, creed, colour or sex.
According to Granville Austin, "The Indian constitution is first and foremost a social document, and is aided by its Parts III & IV (Fundamental Rights & Directive Principles of State Policy, respectively) acting together, as its chief instruments and its conscience, in realising the goals set by it for all the people."
The Constitution (First Amendment) Act, 1951, enacted in 1951, made several changes to the Fundamental Rights provisions of the Indian constitution.It provided means to restrict freedom of speech and expression, validation of zamindari abolition laws, and clarified that the right to equality does not bar the enactment of laws which provide "special consideration" for weaker sections of society.
The 43rd and 44th Amendments repealed the 42nd Amendment's provision that Directive Principles take precedence over Fundamental Rights, and also curbed Parliament's power to legislate against "anti-national activities". The 42nd Amendment also added a new section to the Article on "Fundamental Duties" in the Constitution.
Granville Austin in India’s Constitution: Cornerstone of a Nation, highlighted that the fundamental rights section of the Nehru Report was "a close precursor of the Fundamental Rights of the Constitution [of India, 1950]…10 of the 19 subclauses re-appear, materially unchanged, and three of the Nehru rights are included in the Directive ...
The ruling can lead to deprivation of all woman in India the fundamental rights within the constitution as it places higher importance to religious laws over equality laws. [77] Personal law discrimination was, on the other hand, positively recognised in the case of Amina , here the court noted that Muslim personal law is discriminatory towards ...