The Law Relating to Human Rights in India under the Constitutional Law

The Law Relating to Human Rights in India under the Constitutional Law: - The Constitution of India is a sacred document because it is in welfare of all which is also the Supreme Law of India. The supremacy of the Constitution has been protected & preserved, placing it in the Basic Structure of the Constitution of India which can not be destroyed by the Parliament of India. This Constitution may be called the Constitution of India. The Definitions have been contained under Article 366. 395 Articles (01 to 395), 22 Parts, 12 Schedules have been mentioned in Constitution of India.101 (One hundred One Amendments have been done 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. The Fundamental duties have been placed in Constitution of India on the recommendation (s) of Swarn Singh Committee by forty second constitution amendment 1976 which was effected from 03 January, 1977. The Directive Principles of State Policy and Fundamental duties are not enforceable or justiciable by law under Constitution of India but the Fundamental rights are enforceable or justiciable by law under article 32 in Hon’ble Supreme Court or article 226 in Hon’ble High Court (s) respective of the 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 for 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 under article (s) 19 (1) (f) and article 31 but it was removed from the list of fundamental rights and mentioned under article 300 A of the Constitution of India as a constitutional right by forty fourth constitution amendment 1978 which was effected from 20 June, 1979. In this regard, it is proper to contain over here that our Constitution of India is also affected from the Universal declaration of human rights 1948.