The Inclusion of Human Rights in the Constitution of India

The Inclusion of Human Rights in the Constitution of India: - In this regard, it is relevant to mention hereinafter as- The Universal Declaration of Human Rights was adopted on 10 December 1948 that time the Constitution of India was being drafted or prepared. The Chairman of the Drafting Committee of the Constitution of India was Dr. Bhim Rao Ambedkar so the Constitution is highly effected from the aforesaid Declaration 1948. The Constitution of India took time of 02 years 11 months 18 days to prepare it. In this connection, some provisions of the Constitution have been enforced on 26 November, 1949. It is known as the Law day or Constitution day in India which are as under:-394, 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 and remaining provisions of the Constitution of India enforced on 26 January, 1950. It is known as the Republic day as per article 394 of Constitution of India. The Constitution of India covers Definitions, contained . 395 Articles (01 to 395), 22 parts, 12 Schedules have been mentioned in Constitution of India.102 (One hundred Two Amendments have been done to so far). The Law Relating to Human Rights has been placed under Part-III Article 12 to 35 as fundamental rights which have been taken from America & Part-IV Article 36 to 51 as Directive Principles of State Policy which have been taken from Constitution of Ireland, as this is well settled that rights are incomplete without duties therefore fundamental duties have been contained under Part-IVA Article 51 A (51A (a) to 51A (k)) which have been taken from the Constitution of Purv Soviyat Sangh. Fundamental duties have been placed in Constitution of India on the recommendation of Swarn Singh Committee by forty second constitution amendment 1976 (w.e.f. 03.01.1977). Directive Principles of State Policy and Fundamental duties are not enforceable by law or not justiciable by law under Constitution of India but Fundamental rights are enforceable by law or justiciable by law under article 32 in Hon’ble Supreme Court or article 226 in Hon’ble High Court respective of constitution of India. Article 32 is guaranteed for the enforcement of fundamental rights in apex court of India & it also is one of fundamental rights itself. Article 226 does not provide guarantee of the above same and it only is one of constitutional rights. Some other relevant provisions summarily of Constitution of India in relation to enforcement of fundamental rights or human rights are as under: Article 136,137 and139.It is pertained to incorporate over here that Right to property was the fundamental right but it was removed from the list of fundamental rights and mentioned under article 300A of constitution of India as a constitutional right by forty fourth constitution amendment 1978.