fundamental rights and duties of india pdf merge

The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void. Other authorities in India or under the control of the Government of India.Īrticle 13: Defines Laws Inconsistent with or In derogation of Fundamental RightsĪrticle 13 of the Indian Constitution states that:Īll laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void. The Government and legislatures of the states, Let us now look at some of the important articles related to the Fundamental Rights in India: Article 12: Defines The StateĪrticle 12 of the Indian Constitution defines The State as: Important Articles Related To Fundamental Rights Restriction of Fundamental Rights: The Fundamental Rights can be restricted during military rule in any particular area. Suspension of Fundamental Rights: All the Fundamental Rights are suspended during National Emergencies except the rights guaranteed under Articles 20 and 21. However, the court has the power to review the reasonability of the restrictions.įRs are justiciable: The constitution allows the person to move directly to the Surpreme Court for the reinforcement of his fundamental right as and when they are violated or restricted. Some of the salient features of Fundamental Rights include:įRs are protected and guaranteed by the constitution.įRs are NOT sacrosanct or absolute: in the sense that the parliament can curtail them or put reasonable restrictions for a fixed period of time.

These rights are called fundamental rights because they are justiciable in nature allowing persons to move the courts for their enforcement, if and when they are violated

These rights are included in the constitution because they are considered essential for the development of the personality of every individual and to preserve human dignity.įundamental Rights are included in Part-III of the Indian constitution which is also known as the Magna Carta of the Indian Constitution. The development of Fundamental Rights in India is heavily inspired by the United States Bill of Rights.

Fundamental Rights in India (Article 12-35)

Fundamental rights and duties of india pdf merge