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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 ...
Article 14 guarantees equality to all persons [a], including citizens, corporations, and foreigners. [3] [4] [5] Its provisions have come up for discussion in the Supreme Court in a number of cases and the case of Ram Krishna Dalmia vs Justice S R Tendolkar reiterated its meaning and scope as follows.
They are enforceable by the courts, subject to certain restrictions. The Rights have their origins in many sources, including England's Bill of Rights, the United States Bill of Rights and France's Declaration of the Rights of Man. The six fundamental rights are: [2] Right to equality (Article 14–18) Right to freedom (Article 19–22)
The rights to life and personal liberty apply to persons of any nationality, while others, such as the freedom of speech and expression are applicable only to the citizens of India (including non-resident Indian citizens). [13] The right to equality in matters of public employment cannot be conferred to overseas citizens of India. [14]
[9] The constitution declares India a sovereign, socialist, secular, [10] and democratic republic, assures its citizens justice, equality, and liberty, and endeavours to promote fraternity. [11] The original 1950 constitution is preserved in a helium-filled case at the Parliament Library Building in New Delhi. [12] [13] [14]
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 1789 Declaration of the Rights of Man and the Citizen French Constitution is also framed with this basis in equal rights of humankind. [ citation needed ] The Declaration of Independence of the United States is an example of an assertion of equality of men as " All men are created equal " and the wording of men and man is a reference to ...
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 ...