Chapters :
  • Legal Rights

  • Recent Amendment

 

THE FUNDAMENTAL RIGHTS – 12


 Legal Rights

In addition to the fundamental rights guaranteed under Part III, there are numerous other justiciable rights, incorporated in the constitution. Such rights are called as legal rights or constitutional rights or non-fundamental rights. They are

  1. Article 300A: No person shall be deprived of his property except by the authority of law.
  2. Article 265: No tax shall be levied or collected except by the authority of law.
  3. Article 301: Trade, commerce and intercourse throughout the Indian territory shall be free.

Article 326:

Elections to the LokSabha and the State Legislative Assemblies shall be based on adult suffrage.

In case of violation of the above rights, the aggrieved persons cannot challenge it in the Supreme Court under article 32. They can however approach the High Courts under article 226.

Recent Amendment:

The Parliament has enacted the 103rd constitutional amendment act, 2019 that aims to provide reservations in admission to higher educational institutions and government employment to economically weaker sections by inserting clause(6) to articles 15 and 16.

Article 15(6): 

It says that the State shall make provisions for the advancement of any economically weaker section of citizens by securing reservation in admissions to higher educational institutions including private institutions except minority institutions that are protected under article 30(1). It further says that the upper limit of such reservation will be ten percent.

Article 16(6):

It says that the State shall make provisions for reservations in appointments to government employment for economically weaker section of citizens. It further says that the upper limit of such reservation will be ten percent.

Fundamental Duties – Part IV A

The list of Fundamental Duties(FDs) enshrined in the article 51A under Part IVA was inspired from the erstwhile USSR and added in the constitution through 42nd constitutional amendment act, 1976. The FDs place a moral obligation on the citizens to perform their duties towards the country and the society. They are not justiciable. However, some of the FDs are enforced through laws enacted by the Parliament. The FDs are as follows:

Article 51A says, it shall be the duty of every citizen of India-

1.To abide by the Constitution and respect its ideals and institutions, the national Flag and the National Anthem;

Legal Enforcement:

a. Prevention of Insults to National Honour Act, 1971.

b. Emblems and Names (Prevention of improper use) Act 1950.

2. To cherish and follow the noble ideals which inspired our national struggle for freedom;

3. To uphold and protect the sovereignty, unity and integrity of India;

4. To defend the country and render national service when called upon to do so;

5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women

Legal Enforcement:

a. Protection of Civil Rights Act, 1955.

b. Unlawful Activities (Prevention) Act 1967.

c. Representation of the People Act, 1951- It declares that appealing to the religion, race, caste, community and language of people for votes and promoting enmity between different classes of people as corrupt practice.

d. Indian Penal Code (IPC) – Various sections in the IPC prescribes punishments for activities that promote ill feeling between people from different communities.

6. To value and preserve the rich heritage of our composite culture;

Legal Enforcement:

a. The Ancient Monuments and Archaeological Sites and Remains Act, 1958.

7. To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures;

Legal Enforcement:

a. Water (Prevention and Control of Pollution) Act, 1974.

b. The Air (Prevention and Control of Pollution) Act, 1981.

c. The Atomic Energy Act, 1962.

d. The Biological Diversity Act, 2002.

e. Environment Protection Act,1986.

8. To develop the scientific temper, humanism and the spirit of inquiry and reform;

9. To safeguard public property and to abjure violence;

Legal Enforcement:

Prevention of Damage to Public Property Act, 1984.

10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;

11. To provide opportunities for education by the parent the guardian, to his child, or a ward between the age of 6-14 years as the case may be

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