Tuesday, 8 September 2020

The Impact of U.D.H.R., 1948 in Indian Context

 

The Impact of U.D.H.R., 1948 in Indian Context: -The U.D.H.R., 1948 has impacted many constitutions of the several countries as-“Algeria, Burundi, Cameroon, Chad, Madagascar, Democratic Republic Congo, Dhaomey, Guniea, Gabon, Ivroy Coast, Madagascar, Mali, Mauritiana, Niger, Senegal, Togo”[1], and etc. India & the Constitutional Law of India has also highly impact of the aforesaid declaration which also has been recognized by the hon’ble Supreme Court of India in case of Keshwanand Bharti v. State of Kerala[2]observed that India was the party of the declaration of human rights…and the declaration describes some fundamental rights as inalienable. In Chairman Railway board &Ors v. Mrs. Chandrima Das and Ors[3]the apex court of India observed that International Covenants and declarations as adopted by the U.N. have to be respected by all Signatory States.[4] Consequently the Constitution of India & specially its Parts -03 and 04 are also not free from the impact or effect of the above said declaration.



[1]Ibid Page no. 36.

[2]AIR 1973 SC 1536.

[3]Ibid 2000 SC 988.

[4]Dr. S.K.Kapoor: Human Rights under International Law and Indian Law: Central Law Agency, Allahabad: 5th Edition 2011 Page no. 36-37.

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