Constitutional Provisions and Directive Principles -
CONSTITUTION OF INDIA
·
Art. 14 Equality before laws
The
State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India
·
Art. 15
The
State shall not discriminate against any citizen on grounds only of religion,
race, caste, sex, place of birth or any of them.
·
Art. 17 Abolition of untouchability
“Untouchability”
is abolished and its practice in any form is forbidden. The enforcement of any
disability arising out of “Untouchability” shall be an offence punishable in
accordance with law.
·
Art.19 Fundamental freedoms
All
citizens shall have the right— (a) to freedom of speech and expression; (b) to
assemble peaceably and without arms; (c) to form associations or unions [or co-operative societies] (d) to move freely
throughout the territory of India; (e) to reside and settle in any part of the
territory of India; (g) to practise any profession, or to carry on any
occupation, trade or business.
·
Art.20(l) Protection against conviction /
enhanced punishment under ex post facto law
No
person shall be convicted of any offence except for violation of a law in force
at the time of the commission of the Act charged as an offence, nor be
subjected to a penalty greater than that which might have been inflicted under
the law in force at the time of the commission of the offence.
·
Art.20(2) Protection against double jeopardy
No
person shall be prosecuted and punished for the same offence more than once
·
Art.20(3) Protection against
self-incrimination
No
person accused of any offence shall be compelled to be a witness against
himself.
·
Art.21 Protection of life and personal
liberty
No
person shall be deprived of his life or personal liberty except according to
procedure established by law.
·
Art.22 Right against arbitrary or illegal
arrest
No
person who is arrested shall be detained in custody without being informed, as
soon as may be, of the grounds for such arrest nor shall he be denied the right
to consult, and to be defended by, a legal practitioner of his choice.
·
Art.23(l) Abolition of bonded labour
Traffic
in human beings and begar and other similar forms of forced labour are
prohibited and any contravention of this provision shall be an offence
punishable in accordance with law.
·
Art.32 & 226 Right to remedies for
enforcement of human rights
The right to move the Supreme Court by
appropriate proceedings for the enforcement of the rights conferred by this
Part is guaranteed.
·
Art.39
The
State shall, in particular, direct its policy towards securing—
(a)
that the citizens, men and women equally, have
the right to an adequate means of livelihood;
(b) that the ownership and control of the
material resources of the community are so distributed as best to subserve the
common good;
(c)
that the operation of the economic system does not result in the concentration
of wealth and means of production to the common detriment;
(d)
that there is equal pay for equal work for both men and women;
(e)
that the health and strength of workers, men and women, and the tender age of
children are not abused and that citizens are not forced by economic necessity
to enter avocations unsuited to their age or strength;
(f)
that children are given opportunities and facilities to develop in a healthy
manner and in conditions of freedom and dignity and that childhood and youth
are protected against exploitation and against moral and material abandonment.
·
Art. 39A Equal justice and free legal aid.
The
State shall secure that the operation of the legal system promotes justice, on
a basis of equal opportunity, and shall, in particular, provide free legal aid,
by suitable legislation or schemes or in any other way, to ensure that
opportunities for securing justice are not denied to any citizen by reason of
economic or other disabilities.
DIRECTIVE PRINCIPIPLES OF STATE POLICY
The Constitution
lays down certain Directive Principles of State Policy, which though not
justiciable, are 'fundamental in governance of the country', and it is the duty
of the State to apply these principles in making laws. These lay down that the
State shall strive to promote the welfare of people by securing and protecting
as effectively as it may, a social order, in which justice-social, economic and
political-shall form in all institutions of national life. The State shall
direct its policy in such a manner as to secure the right of all men and women
to an adequate means of livelihood, equal pay for equal work and within limits
of its economic capacity and development, to make effective provision for
securing the right to work, education and to public assistance in the event of
unemployment, old age, sickness and disablement or other cases of undeserved
want. The State shall also endeavour to secure to workers a living wage, humane
conditions of work, a decent standard of life, and full involvement of workers
in management of industries.
In the economic
sphere, the State is to direct its policy in such a manner as to secure
distribution of ownership and control of material resources of community to
subserve the common good, and to ensure that operation of economic system does
not result in concentration of wealth and means of production to common
detriment.
Some of the
other important directives relate to provision of opportunities and facilities
for children to develop in a healthy manner; free and compulsory education for
all children up to the age of 14; promotion of education and economic interests
of scheduled castes, scheduled tribes and other weaker sections; organisation
of village panchayats; separation of judiciary from executive; promulgation
of a uniform civil code for whole country; protection of national monuments;
promotion of justice on a basis of equal opportunity; provision of free legal
aid; protection and improvement of environment and safeguarding of forests and
wildlife of the country; promotion of international peace and security; just
and honourable relations between nations; respect for international law; treaty
obligations; and settlement of international disputes by arbitration.
The right to compulsory primary education which is referred to in Art. 13(2)(a) of the ICESCR (J.P. Unikrishanan vs. State o/A.P.)16
(ii) The right to health which referred to in Art.12 (1) (a) of the ICESCR (State of Punjab vs. Mohinder Singh Chawla)17
(iii) The right to shelter which is referred to in Art.ll(l) of the ICESCR (U.P. Awas Avam Vikas Parishad vs. Friends Coperative Housing Society Ltd)18
(iv) The right to food which is again referred to in Art. 11 (1) of the ICESCR (Madhu Kishwar vs. State of Bihar)19
(v) The right equal pay for equal work which is referred on in Art. 7 (a)(1) of the ICESCR (Randhir vs. Union of Indians,20 (vi) Right to legal aid (Madhav vs State of Maharashtra)
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