Right against exploitation : Right against exploitation The right against exploitation is making children below 14 years as slaves and making them work in factories, Indusustries , as labor. Fundamental Rights are subjected to certain restrictions and can bt curtailed during emergency. Attempted suicide being interpreted as a crime has seen many debates. Thus, there are both merits and demerits of Flexible and Rigid Constitutions. People of alternate sexuality are criminalised in India with prison term up to 10 years. Every citizen has equal economic rights. If he is not entitled to the office , the court may restrain him from acting in the office and may also declare the office to be vacant.
Compulsory military conscription is covered by this provision. A writ of certiorari or a writ in the nature of certiorari can only be issued by the Supreme court under Art. Several political scientists advocate the view that a flexible constitution is one in which the constitutional law can be amended in the same way as an ordinary law. What is writs in Indian Constitution? No hard and fast rule can be laid down as to whether a state should have a flexible or a rigid constitution. The obstacles on the path of equality are gradually removed.
Indian Constitution is longest written constitution of world. This right stands for the principle of equality before law as well as the social equality and supports non-discrimination of people on any basis. According to the Constitution, all religions are equal before the State and no religion shall be given preference over the other. They also forbid trafficking of human beings and forced labour a crime. But in 2014, India has improved marginally to a rank of 85. In fact, a constitution must have both a certain degree of rigidity as well as an ability to change for keeping pace with the changing times. Committing themselves to socialism in 1936, the Congress leaders took examples from the , which inspired the fundamental duties of citizens as a means of collective patriotic responsibility for national interests and challenges.
A Merits of a Flexible Constitution: i First, a major merit of the flexible constitution is its ability to change easily in accordance with the changes in the social and political environment of the society and state. As per of the Indian constitution, the fundamental rights of people such as freedom of speech and expression, gathering peaceably without arms and forming associations or unions shall not effect the interests of the sovereignty and of India but not unity of India. By Special Majority of Parliament and Consent of States Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority. The Supreme Court issues the following orders in such cases: 1. The supreme court, and High courts have power to issue writs in the nature of habeas corpus , quo warranto , mandamus , certiorari ,prohibition etc. Task of developing a constitution for the nation was undertaken by the , composing of elected representatives. Like all rights, they may also be restricted in the interest of public peace, social decency, political security and the like.
Since some people are ignorant of these rights, they must be taught about these opportunities. In 1931, the the largest Indian political party of the time adopted resolutions committing itself to the defence of fundamental civil rights, as well as socio-economic rights such as the and the abolition of and. This ruling has a direct effect on Aadhaar card being made mandatory. The provisions relating to the right to property were changed a number of times. Their violation, even by the state is not allowed by the courts. Mandamus Mandamusis a command issued by a court to an authority directing it to perform a public duty imposed upon it by law.
There is also the provision of preventive detention and suspension of fundamental rights in times of. Some features of Indian Constitution : 1. It means universal adult suffrage. The government is organised and it functions in accordance with several well settled, but not wholly written rules and conventions. A notable development during that period having significant effect on the Indian constitution took place on 10 December 1948 when the adopted the and called upon all member states to adopt these rights in their respective constitutions. The constitution of India was not an original but all the good ideas from the Constitutions of other Western Countries were adopted in it. People do not enjoy them as the member of a particular nation or of a community, rather as the member of the human society.
It reflects the sovereign will of the people. Qualities of a Good Constitution: 1. They emphasise on the fundamental unity of India by guaranteeing to all citizens the access and use of the same facilities, irrespective of background. People get their rights protected from the constitution. The rights of a person arrested under ordinary circumstances are not available to an enemy alien.
Though the rights conferred by the constitution other than fundamental rights are also valid rights protected by the judiciary, in case of fundamental rights violations, the can be approached directly for ultimate justice per Article 32. Right to Equality Right to Equality is the first fundamental right brought the end of untouchability. The constitution governs all and no one can violate its rules. The Constitution must clearly reflect the sovereignty of the people. Mandamus is issued to enforce a mandatory duty which may not necessarily be a statutory duty. Attempted suicide being interpreted as a crime has seen many debates.
When an inferior court takes up a hearing for a matter over which it has no jurisdiction , the person against whom hearing is taken can move the superior court for writ of prohibition on which order would be issued forbidding the inferior court from continuing the proceedings. However, there were traditionally six important fundamental rights according to the Indian Constitution. Habeas corpus and Quo warranto being confined to specific situations, Certiorari and Mandamus are the two most commonly sought writs to control the actions of administrative bodies. A written constitution can be amended only in accordance with a settled process of amendment written in the constitution itself. Indians, who were seeking independence and their own government, were particularly influenced by the independence of Ireland and the development of the Irish constitution. However, these rights are not absolute or uncontrolled and are subject to reasonable restrictions as necessary for the protection of general welfare. Article 20 gives protection in respect of conviction for offences.