Indian constitution and Human Rights Flashcards
The constitution of the republic of India, which came into force on ____________ with 395 article and nine schedules is one of the most elaborate fundamental laws ever adopted. The preamble to the constitution pledges to secure to all the citizens of India;
26th January, 1950
of thought, expression, belief, faith and worship
Liberty
of status and opportunity, and to promote among them all
Equality
assuring the dignity of the individual and the unity and in integrity of the nation.
Fraternity
Equality before law and equal protection of law -
______ consists of two parts namely equality before law and equal protection of the laws. Equality before law means that no individual should be given any special privilege by the state. Equal protection of the laws means the right to equal treatment in equal circumstances.
Article 14
Prohibition of discrimination on ground of religion, race, caste, sex or place of birth -
ARTICLE15
There are four aspects of this right mentioned in following Clauses of this Article 15
Prohibition of discrimination- Article15, Clause (1):
This article prohibits the state from discrimination against any individual or group of individuals. The principle of non discrimination is based on equality and dignity.
Access to public places - Article15, Clause (2):
This right provides that no citizen can be denied access to public places, places of entertainment or the use of wells, tanks, and roads that are maintained out of State funds.
Protective laws for women and children - Article15, Clause (3):
- A positive discrimination for women and children is made in the Indian context. Thus provision for reservation for women, free education for children etc. is provided.
Reservation for backward classes -
Article15, Clause (4):
- The constitution recognizes the Scheduled Caste, Scheduled Tribes and Other Backward Classes as weaker sections of the population. It authorizes the state to make special provisions for the advancement of these sections of the society.
. Equality of opportunity in matters of public Employment -
The aim of article 16 of Indian Constitution is to provide equal opportunity to all citizens in employment offered by the state or its agencies.
ARTICLE16
This article has five clauses ARTICLE 16
i). Equality of opportunity – Article 16, Clause (1)
- wherein it is stated that equality of opportunity should be given to all citizens in matters relating to employment or appointment to any office under the state.
Prohibition of discrimination - Article 16, Clause (2)
This clause prohibits discrimination on grounds only of religion, race, caste, sex, and place of birth, residence or any of them in respect of any employment of the state.
Residential requirements - Article 16, Clause (3)
- It allows the Parliament to make laws that require residential (domicile) requirements in a State for public employment or appointment.
Abolition of Untouchability -
This is a unique article that has been incorporated only in the Constitution of India. Article 17 declares that not only untouchability has been abolished but it also makes any practice and propagation of untouchability in any form punishable in accordance with the law.
ARTICLE17
Abolition of Titles -
- The Clause of the Article prohibits the State fr= conferring any title at all upon any person. However the State is not prevented from awarding military distinctions, such as Mahavir Chakra, Param Vir Chakra etc. for honoring men for their acts of valour or academic distinctions.
ARTICLE18