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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]
When the Constitution of India came into force it basically gave seven fundamental rights to its citizens. However, Right to Property was removed as a Fundamental Right through 44th Constitutional Amendment in 1978. In 2009, Right to Education Act was added. Every child between the age of 6 to 14 years is entitled to free education.
In India property rights (Article 31) was one of the fundamental rights of citizens until 1978, and it became a legal right through the 44th Amendment to the Constitution in 1978. [19] The amendment was introduced by the Morarji Desai government as part of land reform policies. [ 19 ]
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 cannot be abridged or taken away by the amending procedure in Art. 368 of the Constitution. An amendment to the Constitution is 'law' within the meaning of Art. 13(2) and is therefore subject to Part III of the Constitution. Decision by: K. Subba Rao (Chief Justice) with J.C. Shah, S.M. Sikri, J.M. Shelat, C.A. Vaidiyalingam
There are at least 872,351 waqf properties across India, spanning more than 940,000 acres, with an estimated value of 1.2 trillion rupees ($14.22bn; £11.26bn).
Applied to fundamental rights, it would be that while fundamental rights cannot be abrogated, reasonable abridgement of fundamental rights could be affected in the public interest. The true position is that every provision of the Constitution can be amended provided the basic foundation and structure of the Constitution remains the same. [14]
Fundamental rights in India; This page was last edited on 11 May 2014, at 02:46 (UTC). Text is available under the Creative Commons Attribution ...