Monday, 7 September 2020
Human Rights as Fundamental Rights (Enforceable)
Human Rights as Fundamental Rights (Enforceable):-
Specially Enumerated Human Rights as Fundamental Rights under the Constitutional Law of India: - Now there are 06 (Six) fundamental rights in Constitution of India under part -03 earlier there were 07 (Seven) including Right to property but the right to property has been removed from the list of fundamental rights by the 44th Constitution Amendment 1978 with effect from 20 June 1979 & Placed under part 12, chapter 04 article 300 A as a constitutional right.
Saving of Certain Laws: - Article 31 relating to right to property has been removed from the part-III by the 44nd Constitution amendment 1978; the expression ‘Saving of certain Laws’ has been instituted by the 42nd Constitution amendment 1976 which was effected from 03 January, 1977 under articles 31A to 31D but article 31D was repealed by 43rd Constitution amendment 1977 with effected from 13 April, 1978 which are as follows:-
1. Saving of laws providing for acquisition of estates, etc (Article 31A), 2. Validation of certain acts and regulations (Article 31B) & 3.Saving of laws giving effect to certain directive principles (Article 31C).
The Definition of the State has been given under Article 12 and Article 13 contains -Law inconsistent with or in derogation of the fundamental rights . The Law relating to Human Rights is available under the Constitution of India as under:-
Sr. No. The Provisions or the Fundamental Rights under Part-III of the Constitution of India Article (s)
1. The General Under articles 12 to 13
2. The Right to Equality Under articles 14 to 18
3. The Right to Freedom Under articles 19 to 22
4. The Right against Exploitation Under articles 23 to 24
5. The Right to Freedom of Religion Under articles 25 to 28
6. The Cultural and Educational Rights Under articles 29 to 30
7. The Right to Constitutional Remedies Under articles 32 to 35
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