भारतातील मूलभूत हक्क
|ह्या लेखाचा/विभागाचा इंग्रजी किंवा अमराठी भाषेतून मराठी भाषेत भाषांतर करावयाचे बाकी आहे. अनुवाद करण्यास आपलाही सहयोग हवा आहे. ऑनलाईन शब्दकोश आणि इतर सहाय्या करिता भाषांतर प्रकल्पास भेट द्या.
भाग - ३ मुलभूत हक्क ही भारतीय संविधानातील मुलभूत अधिकारांची सनद आहे. ही सनद भारतीयांना भारतीय नागरिक म्हणून त्यांचे आयुष्य शांतता व समानतेने व्यतीत करण्याचे नागरी अधिकार प्रदान करते. या मुलभूत हक्कांमध्ये कायद्यापुढे समानता, उच्चार आणि अभिव्यक्ती स्वातंत्र्य, शांततेने कोठेही उपस्थित राहण्याचे व सभा स्वातंत्र्य, आणि नागरी हक्कांच्या संरक्षणासाठी संवैधानिक प्रतिकारासाठी habeas corpus यासारख्या याचिकांचा अधिकार असे उदारमतवादी लोकतांत्रिक देशांमध्ये असलेल्या अधिकारांचा समावेश होतो. या अधिकारांचा भंग केल्यास न्यायालयाच्या विवेकानुसार भारतीय दंडविधान संहितेखाली शिक्षा होऊ शकते. मुलभूत मानवी अधिकाराखाली भारतीय नागरिकाच्या व्यक्तिमत्वाच्या योग्य आणि मैत्रीपूर्ण प्रगतीसाठीचे हक्क अशी भारताच्या मुलभूत हक्कांची व्याख्या केली जाऊ शकते. हे हक्क संपूर्ण जगात वंश, जन्माचे ठिकाण, धर्म, जात, संप्रदाय, रंग, लिंग यात भेदभावाशिवाय सर्व नागरिकांना लागू आहेत. काही बंधने वगळता हे अधिकार न्यायालयाद्वारे सर्व ठिकाणी लागू आहेत. इंग्लंडचे हक्कांविषयीचे विधेयक, अमेरिकन संयुक्त राज्यांचे हक्कांविषयीचे विधेयक, आणि फ्रान्सचे माणसाच्या अधिकाराच्या घोषणा यांमध्ये भारताच्या मुलभूत अधिकारांचे मूळ आहे.
भारतीय संविधानाने प्रदान केलेले सात मुलभूत अधिकार खालील प्रमाणे आहेत.
- समानतेचा हक्क
- अभिव्यक्ती स्वातंत्र्याचा हक्क
- शोषणापासून संरक्षणाचा हक्क
- धार्मिक निवड व स्वातंत्र्याचा हक्क
- सांस्कृतिक व शैक्षणीक हक्क
- संवैधानिक प्रतिकाराचा हक्क
- मालमत्तेचा हक्क (हा हक्क ४४व्या संवैधानिक दुरुस्तीनुसार मुलभूत अधिकारातून वगळून कायदेशीर अधिकार म्हणून नमूद करण्यात आला आहे.)
खासगी व समुदायाच्या भल्याकरता असणाऱ्या स्वातंत्र्याला हक्क असे संबोधले जाते. भारतीय घटनेने प्रदान केलेले हक्क हे "भूभागाचे मुलभूत कायदे" यामध्ये अंतर्भूत केले असल्याकारणाने ते मुलभूत असून न्यायालयाद्वारे प्रवर्तित केले गेले आहेत. तरीही, हे हक्क अपरिवर्तनशील किंवा घटनादुरुस्तीपासून मुक्त नाहीत.
Fundamental rights for Indians have also been aimed at overturning the inequalities of pre-independence social practices. Specifically, they have also been used to abolish untouchability and hence prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They also forbid trafficking of human beings and forced labour. They also protect cultural and educational rights of ethnic and religious minorities by allowing them to preserve their languages and also establish and administer their own education institutions.
- १ Genesis प्रारंभ [मराठी शब्द सुचवा](उत्पत्ती/उद्गम/उगम/निर्माण/फलन/रुजवात)
- २ Significance and characteristics महत्त्व आणि वैशिष्ट्ये
- ३ Right to equalityसमतेचा(समानतेचा)अधिकार
- ४ Right to freedom स्वातंत्र्याचे अधिकार
- ५ Right against exploitation पिळवणूकीच्या विरोधी अधिकार
- ६ Right to freedom of religion धर्म विषयक अधिकार(धर्मस्वातंत्र्याचा अधिकार)
- ७ Cultural and educational rights सांस्कृतीक आणि शैक्षणिक अधिकार
- ८ घटनात्मक उपाययोजनेचा अधिकार
- ९ Critical analysis विश्लॅषण
- १० Amendments दुरूस्त्या
- ११ शिक्षणाचा अधिकार
- १२ हेसुद्धा पाहा
- १३ लेखात प्रयुक्त संज्ञा
- १४ संदर्भ
- १५ तळटिपा
Genesis प्रारंभ [मराठी शब्द सुचवा](उत्पत्ती/उद्गम/उगम/निर्माण/फलन/रुजवात)[संपादन]
The development of constitutionally guaranteed fundamental human rights in India was inspired by historical examples such as England's Bill of Rights (1689), the United States Bill of Rights (approved on 17 September 1787, final ratification on 15 December 1791) and France's Declaration of the Rights of Man (created during the revolution of 1789, and ratified on 26 August 1789). Under the educational system of British Raj, students were exposed to ideas of democracy, human rights and European political history. The Indian student community in England was further inspired by the workings of parliamentary democracy and British political parties.
In 1919, the Rowlatt Acts gave extensive powers to the British government and police, and allowed indefinite arrest and detention of individuals, warrant-less searches and seizures, restrictions on public gatherings, and intensive censorship of media and publications. The public opposition to this act eventually led to mass campaigns of non-violent civil disobedience throughout the country demanding guaranteed civil freedoms, and limitations on government power. Indians, who were seeking independence and their own government, were particularly influenced by the independence of Ireland and the development of the Irish constitution. Also, the directive principles of state policy in Irish constitution were looked upon by the people of India as an inspiration for the independent India's government to comprehensively tackle complex social and economic challenges across a vast, diverse nation and population.
In 1928, the Nehru Commission composing of representatives of Indian political parties proposed constitutional reforms for India that apart from calling for dominion status for India and elections under universal suffrage, would guarantee rights deemed fundamental, representation for religious and ethnic minorities, and limit the powers of the government. In 1931, the Indian National Congress (the largest Indian political party of the time) adopted resolutions committing itself to the defense of fundamental नागरी अधिकार, as well as socio-economic rights such as the minimum wage and the abolition of untouchability and serfdom. Committing themselves to socialism in 1936, the Congress leaders took examples from the constitution of the erstwhile USSR, which inspired the fundamental duties of citizens as a means of collective patriotic responsibility for national interests and challenges.
When India obtained independence on 15 August 1947, the task of developing a constitution for the nation was undertaken by the Constituent Assembly of India, composing of elected representatives under the presidency of Rajendra Prasad. While members of Congress composed of a large majority, Congress leaders appointed persons from diverse political backgrounds to responsibilities of developing the constitution and national laws. Notably, Bhimrao Ramji Ambedkar became the chairperson of the drafting committee, while Jawaharlal Nehru and Sardar Vallabhbhai Patel became chairpersons of committees and sub-committees responsible for different subjects. A notable development during that period having significant effect on the Indian constitution took place on 10 December 1948 when the United Nations General Assembly adopted the Universal Declaration of Human Rights and called upon all member states to adopt these rights in their respective constitutions.
The fundamental rights were included in the First Draft Constitution (February 1948), the Second Draft Constitution (17 October 1948) and final Third Draft Constitution (26 November 1949) prepared by the Drafting Committee.
Significance and characteristics महत्त्व आणि वैशिष्ट्ये[संपादन]
The fundamental rights shashikant re included in the constitution because they were considered essential for the development of the personality of every individual and to preserve human dignity. The writers of the constitution regarded democracy of no avail if civil liberties, like freedom of speech and religion were not recognized and protected by the State. According to them, "democracy" is, in essence, a government by opinion and therefore, the means of formulating public opinion should be secured to the people of a democratic nation. For this purpose, the constitution guaranteed to all the citizens of India the freedom of speech and expression and various other freedoms in the form of the fundamental rights.
साचा:Rights All people, irrespective of race, religion, caste or sex, have been given the right to move the Supreme Court and the High Courts for the enforcement of their fundamental rights. It is not necessary that the aggrieved party has to be the one to do so. Poverty stricken people may not have the means to do so and therefore, in the public interest, anyone can commence litigation in the court on their behalf. This is known as "Public interest litigation". In some cases, High Court judges have acted on their own on the basis of newspaper reports.
These fundamental rights help not only in protection but also the prevention of gross violations of human rights. They emphasize on the fundamental unity of India by guaranteeing to all citizens the access and use of the same facilities, irrespective of background. Some fundamental rights apply for persons of any nationality whereas others are available only to the citizens of India. The right to life and personal liberty is available to all people and so is the right to freedom of religion. On the other hand, freedoms of speech and expression and freedom to reside and settle in any part of the country are reserved to citizens alone, including non-resident Indian citizens. The right to equality in matters of public employment cannot be conferred to overseas citizens of India.
Fundamental rights primarily protect individuals from any arbitrary state actions, but some rights are enforceable against individuals. For instance, the Constitution abolishes untouchability and also prohibits begar. These provisions act as a check both on state action as well as the action of private individuals. However, these rights are not absolute or uncontrolled and are subject to reasonable restrictions as necessary for the protection of general welfare. They can also be selectively curtailed. The Supreme Court has ruled that all provisions of the Constitution, including fundamental rights can be amended. However, the Parliament cannot alter the basic structure of the constitution. Features such as secularism and democracy fall under this category. Since the fundamental rights can only be altered by a constitutional amendment, their inclusion is a check not only on the executive branch, but also on the Parliament and state legislatures.
A state of national emergency has an adverse effect on these rights. Under such a state, the rights conferred by Article 19 (freedoms of speech, assembly and movement, etc.) remain suspended. Hence, in such a situation, the legislature may make laws which go against the rights given in Article 19. Also, the President may by order suspend the right to move court for the enforcement of other rights as well.
Right to equalityसमतेचा(समानतेचा)अधिकार[संपादन]
Right to equality is an important right provided for in Articles 14, 15, 16, 17 and 18 of the constitution. It is the principal foundation of all other rights and liberties, and guarantees the following:
- Equality before law: Article 14 of the constitution guarantees that all citizens shall be equally protected by the laws of the country. It means that the State cannot discriminate against a citizen on the basis of caste, creed, colour, sex, religion or place of birth. According to the Electricity Act of 26 January 2003 the Parliament has the power to create special courts for the speedy trial of offences committed by persons holding high offices. Creation of special courts is not a violation of this right.
- Social equality and equal access to public areas: Article 15 of the constitution states that no person shall be discriminated on the basis of caste, colour, language etc. Every person shall have equal access to public places like public parks, museums, wells, bathing ghats and temples etc. However, the State may make any special provision for women and children. Special provisions may be made for the advancements of any socially or educationally backward class or scheduled castes or scheduled tribes.
- Equality in matters of public employment: Article 16 of the constitution lays down that the State cannot discriminate against anyone in the matters of employment. All citizens can apply for government jobs. There are some exceptions. The Parliament may enact a law stating that certain jobs can only be filled by applicants who are domiciled in the area. This may be meant for posts that require knowledge of the locality and language of the area. The State may also reserve posts for members of backward classes, scheduled castes or scheduled tribes which are not adequately represented in the services under the State to bring up the weaker sections of the society. Also, there a law may be passed which requires that the holder of an office of any religious institution shall also be a person professing that particular religion. According to the Citizenship (Amendment) Bill, 2003, this right shall not be conferred to Overseas citizens of India.
- Abolition of untouchability: Article 17 of the constitution abolishes the practice of untouchability. Practice of untouchability is an offense and anyone doing so is punishable by law. The Untouchability Offences Act of 1955 (renamed to Protection of Civil Rights Act in 1976) provided penalties for preventing a person from entering a place of worship or from taking water from a tank or well.
- Abolition of Titles: Article 18 of the constitution prohibits the State from conferring any titles. Citizens of India cannot accept titles from a foreign State. The British government had created an aristocratic class known as Rai Bahadurs and Khan Bahadurs in India — these titles were also abolished. However, Military and academic distinctions can be conferred on the citizens of India. The awards of Bharat Ratna and Padma Vibhushan cannot be used by the recipient as a title and do not, accordingly, come within the constitutional prohibition". The Supreme Court, on 15 December 1995, upheld the validity of such awards.
Right to freedom स्वातंत्र्याचे अधिकार[संपादन]
The Constitution of India contains the right to freedom, given in articles 19, 20, 21 and 22, with the view of guaranteeing individual rights that were considered vital by the framers of the constitution. The right to freedom in Article 19 guarantees the following six freedoms:
- Freedom of speech आणि अभिव्यक्ती, which enable an individual to participate in public activities. The phrase, "freedom of press" has not been used in Article 19, but freedom of expression includes freedom of press. Reasonable restrictions can be imposed in the interest of public order, security of State, decency or morality.
- Freedom to assemble peacefully without arms, on which the State can impose reasonable restrictions in the interest of public order and the sovereignty and integrity of India.
- Freedom to form associations or unions on which the State can impose reasonable restrictions on this freedom in the interest of public order, morality and the sovereignty and integrity of India.
- Freedom to move freely throughout the territory of India though reasonable restrictions can be imposed on this right in the interest of the general public, for example, restrictions may be imposed on movement and travelling, so as to control epidemics.
- Freedom to reside and settle in any part of the territory of India which is also subject to reasonable restrictions by the State in the interest of the general public or for the protection of the scheduled tribes because certain safeguards as are envisaged here seem to be justified to protect indigenous and tribal peoples from exploitation and coercion. Article 370 restricts citizens from other Indian states and Kashmiri women who marry men from other states from purchasing land or property in Jammu & Kashmir.
- Freedom to practice any profession or to carry on any occupation, trade or business on which the State may impose reasonable restrictions in the interest of the general public. Thus, there is no right to carry on a business which is dangerous or immoral. Also, professional or technical qualifications may be prescribed for practicing any profession or carrying on any trade.
The constitution also guarantees the right to life and personal liberty, which in turn cites specific provisions in which these rights are applied and enforced:
- Protection with respect to conviction for offences is guaranteed in the right to life and personal liberty. According to Article 20, no one can be awarded punishment which is more than what the law of the land prescribes at that time. This legal axiom is based on the principle that no criminal law can be made retrospective, that is, for an act to become an offence, the essential condition is that it should have been an offence legally at the time of committing it. Moreover, no person accused of any offence shall be compelled to be a witness against himself. "Compulsion" in this article refers to what in law is called "Duress" (injury, beating or unlawful imprisonment to make a person do something that he does not want to do). This article is known as a safeguard against self incrimination. The other principle enshrined in this article is known as the principle of double jeopardy, that is, no person can be convicted twice for the same offence, which has been derived from Anglo Saxon law. This principle was first established in the Magna Carta.
- In 2002, through the 86th Amendment Act, Article 21(A) was incorporated. It made the right to primary education part of the right to freedom, stating that the State would provide free and compulsory education to children from six to fourteen years of age. Six years after an amendment was made in the Indian Constitution, the union cabinet cleared the Right to Education Bill in 2008. It is now soon to be tabled in Parliament for approval before it makes a fundamental right of every child to get free and compulsory education.
- Rights of a person arrested under ordinary circumstances is laid down in the right to life and personal liberty. No one can be arrested without being told the grounds for his arrest. If arrested, the person has the right to defend himself by a lawyer of his choice. Also an arrested citizen has to be brought before the nearest magistrate within 24 hours. The rights of a person arrested under ordinary circumstances are not available to an enemy alien. They are also not available to persons detained under the Preventive Detention Act. Under preventive detention, the government can imprison a person for a maximum of three months. It means that if the government feels that a person being at liberty can be a threat to the law and order or to the unity and integrity of the nation, it can detain or arrest that person to prevent him from doing this possible harm. After three months such a case is brought before an advisory board for review.
The constitution also imposes restrictions on these rights. The government restricts these freedoms in the interest of the independence, sovereignty and integrity of India. In the interest of morality and public order, the government can also impose restrictions. However, the right to life and personal liberty cannot be suspended. The six freedoms are also automatically suspended or have restrictions imposed on them during a state of emergency.
Right against exploitation पिळवणूकीच्या विरोधी अधिकार[संपादन]
The right against exploitation, given in Articles 23 and 24, provides for two provisions, namely the abolition of trafficking in human beings and Begar (forced labor), and abolition of employment of children below the age of 14 years in dangerous jobs like factories and mines. Child labour is considered a gross violation of the spirit and provisions of the constitution. Begar, practised in the past by landlords, has been declared a crime and is punishable by law. Trafficking in humans for the purpose of slave trade or prostitution is also prohibited by law. An exception is made in employment without payment for compulsory services for public purposes. Compulsory military conscription is covered by this provision.
Right to freedom of religion धर्म विषयक अधिकार(धर्मस्वातंत्र्याचा अधिकार)[संपादन]
Right to freedom of religion, covered in Articles 25, 26, 27 and 28, provides religious freedom to all citizens of India. The objective of this right is to sustain the principle of secularism in India. According to the Constitution, all religions are equal before the State and no religion shall be given preference over the other. Citizens are free to preach, practice and propagate any religion of their choice.
Religious communities can set up charitable institutions of their own. However, activities in such institutions which are not religious are performed according to the laws laid down by the government. Establishing a charitable institution can also be restricted in the interest of public order, morality and health. No person shall be compelled to pay taxes for the promotion of a particular religion. A State run institution cannot impart education that is pro-religion. Also, nothing in this article shall affect the operation of any existing law or prevent the State from making any further law regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice, or providing for social welfare and reform.
Cultural and educational rights सांस्कृतीक आणि शैक्षणिक अधिकार[संपादन]
As India is a country of many languages, religions, and cultures, the Constitution provides special measures, in Articles 29 and 30, to protect the rights of the minorities. Any community which has a language and a script of its own has the right to conserve and develop it. No citizen can be discriminated against for admission in State or State aided institutions.
All minorities, religious or linguistic, can set up their own educational institutions in order to preserve and develop their own culture. In granting aid to institutions, the State cannot discriminate against any institution on the basis of the fact that it is administered by a minority institution. But the right to administer does not mean that the State can not interfere in case of maladministration. In a precedent-setting judgment in 1980, the Supreme Court held that the State can certainly take regulatory measures to promote the efficiency and excellence of educational standards. It can also issue guidelines for ensuring the security of the services of the teachers or other employees of the institution. In another landmark judgement delivered on 31 October 2002, the Supreme Court ruled that in case of aided minority institutions offering professional courses, admission could only be through a common entrance test conducted by State or a university. Even an unaided minority institution ought not to ignore the merit of the students for admission.
घटनात्मक उपाययोजनेचा अधिकार[संपादन]
Right to constitutional remedies empowers the citizens to move a court of law in case of any denial of the fundamental rights. For instance, in case of imprisonment, the citizen can ask the court to see if it is according to the provisions of the law of the country. If the court finds that it is not, the person will have to be freed. This procedure of asking the courts to preserve or safeguard the citizens' fundamental rights can be done in various ways. The courts can issue various kinds of writs. These writs are habeas corpus, mandamus, prohibition, quo warranto and certiorari. When a national or state emergency is declared, this right is suspended by the central government.
Critical analysis विश्लॅषण[संपादन]
The fundamental rights have been criticised for many reasons. Political groups have demanded that the right to work, the right to economic assistance in case of unemployment, old age, and similar rights be enshrined as constitutional guarantees to address issues of poverty and economic insecurity, though these provisions have been enshrined in the Directive Principles of state policy. The right to freedom and personal liberty has a number of limiting clauses, and thus have been criticized for failing to check the sanctioning of powers often deemed "excessive". There is also the provision of preventive detention and suspension of fundamental rights in times of Emergency. The provisions of acts like the Maintenance of Internal Security Act (MISA) and the National Security Act (NSA) are a means of countering the fundamental rights, because they sanction excessive powers with the aim of fighting internal and cross-border terrorism and political violence, without safeguards for civil rights. The phrases "security of State", "public order" and "morality" are of wide implication. People of alternate sexuality is criminalized in India with prison term up to 10 years. The meaning of phrases like "reasonable restrictions" and "the interest of public order" have not been explicitly stated in the constitution, and this ambiguity leads to unnecessary litigation. The freedom to assemble peacably and without arms is exercised, but in some cases, these meetings are broken up by the police through the use of non-fatal methods.
"Freedom of press" has not been included in the right to freedom, which is necessary for formulating public opinion and to make freedom of expression more legitimate. Employment of child labour in hazardous job environments has been reduced, but their employment even in non-hazardous jobs, including their prevalent employment as domestic help violates the spirit and ideals of the constitution. More than 16.5 million children are employed and working in India. India was ranked 88 out of 159 in 2005, according to the degree to which corruption is perceived to exist among public officials and politicians worldwide. The right to equality in matters regarding public employment shall not be conferred to Overseas citizens of India, according to the Citizenship (Amendment) Bill, 2003.
Changes to the fundamental rights require a constitutional amendment which has to be passed by a special majority of both houses of Parliament. This means that an amendment requires the approval of two-thirds of the members present and voting. However, the number of members voting should not be less than the simple majority of the house — whether the Lok Sabha or Rajya Sabha.
कलम ३१ क मधील घटनादुरुस्ती
४२ व्या घटनादुरुस्तीमधील कलम ४ , राज्य धोरण याविषयीची निर्देशक तत्वे प्राधान्य देण्याकरीता घटनेतील मूलभूत हक्कात कलम ३१ क मध्ये बदले केला गेला.
भारत प्रकरणात मिनर्व्हा मिल्स विरूध्द युनियन मध्ये, कलम ३१ कमधील घटनादुरुस्ती हे वैद्य आणि अवैध नाहीत असे सर्वोच्च न्यायालयाने निर्णायक मत दिले आहे.
संपत्ती अधिग्रहण हक्क
मुळ भारतीय संविधान कलम १९ व ३१ अंतर्गत संपत्ती अधिग्रहणाचा हक्क प्रदान केला गेला होता.
कलम १९ अंतर्गत सर्व नागरीकांना भूमी संपादन करण्याचा आणि तो धारण करण्याचा व विकण्याचा अधिकार होता. कलम ३१ नुसार " कायद्याने प्राधिकार दिल्यावचुन व्य्क्तीला मालमत्तेपासून वंचित न करणे" त्याच बरोबर हा सार्वजनिक कामासाठी वापरण्यात येणाऱ्या व्यक्तीसाठी काही भरपाई करण्यात आल्या होत्या.
१९७८ चा ४२व्या घटनादुरुस्ती ने मूलभूत अधिकार मधून संपत्ती अधिग्रहणाचा हक्क वगळला .नवीन तरतुदीनुसारकलम ३०० अ चा समावेश करण्यात आला जो कायद्याने प्राधिकार दिल्यावचुन व्य्क्तीला मालमत्तेपासून वंचित न करणे" प्रदान करतो. त्यामुळे तर विधिमंडळ व्यक्ती त्याची संपत्ती घेण्यापासून वंचितसाठी कायदा करते. ऱाज्यावर भरपाई भरण्यासाठीचे कोणतेही बंधने नाही. त्यासाठी संबंधित व्यक्ती कलम ३२ साठी कोणत्याही दाद मगण्याचा अधिकार नाही. त्या मुळे तो मूलभूत हक्क दीर्घकाळ नाही तो फक्त घटनात्मक हक्क आहे.
अर्थव्यवस्थेचे उदारीकरण आणि विशेष आर्थिक क्षेत्र सेट अप करण्यासाठी सरकारने पुढाकार घेतला शेतक-यांनी अनेक निषेध झाली आहे आणि खाजगी मालमत्ता मूलभूत अधिकार तो पुन्हा तिथेच ठेवण्यासाठी आदेश आला. सर्वोच्च न्यायालयास पाठवलेली जनहित याचिकात २०१० मध्ये ते हक्क परत का आणले जावू शकते नाही असा प्रश्न या याचीकेत होता जो न्यायालयाने फेटाळला
कलम २१ अ - २ एप्रिल २०१० भारत शिक्षण हा ६ ते १४ वयोगटातील प्रत्येक बालकाचे मुलभूत हक्का साठी इतिहासीक कायदा निर्मिती बरोबर तो काही जगातील काही देशाच्या समुहाशी संबंधित होता, शिक्षण अधिकार अंतर्गत ६ ते १४ वयोगटातील बलकास मोफत व सक्तीचे
प्राथमिक शिक्षण देण्यासाठी कायदा पारित करण्यात आला. या कायद्यानुसार आवश्यक व शैक्षणिक पात्रता प्राप्त शिक्षकांच्या नियुक्ती केल्या जातात.
प्रधानमंत्री मनमोहनसिंग यांनी या प्रक्रियात्मक कायद्याविषयक आशी घोषणा केली होती कि ज्यानी शिक्षण मधुन सोडले किंवा शिक्षण विषयक साधने ज्यांना उपलब्ध झाली नाही त्यांना स्थानिक व राज्य सरकारास ६ व १४ वयोगटातील बालकास प्राथमिक शिक्षण देणे गरजेचे आहे
. या कायद्यानुसार खाजगी शैक्षणिक संस्थानी समाजातील दुर्बल घटकातील लोकांना २५% आरक्षण देणे गरजेचे आहे. राज्य सरकार व केंद्र सरकार ४५:५५ या प्रमाणात आर्थिक भार घेण्यासाठीचे मान्य केले आहे.
ight to property मालमत्तेचा अधिकार[संपादन]
The Constitution originally provided for the right to property under Articles 19 and 31. Article 19 guaranteed to all citizens the right to acquire, hold and dispose off property. Article 31 provided that "no person shall be deprived of his property save by authority of law." It also provided that compensation would be paid to a person whose property has been taken for public purposes.
The provisions relating to the right to property were changed a number of times. The Forty-Forth Amendment of 1978 deleted the right to property from the list of fundamental rights A new provision, Article 300-A, was added to the constitution which provided that "no person shall be deprived of his property save by authority of law". Thus if a legislature makes a law depriving a person of his property, there would be no obligation on the part of the State to pay anything as compensation. The aggrieved person shall have no right to move the court under Article 32. Thus, the right to property is no longer a fundamental right, though it is still a constitutional right. If the government appears to have acted unfairly, the action can be challenged in a court of law by citizens.
The liberalisation of the economy and the government's initiative to set up special economic zones has led to many protests by farmers and have led to calls for the reinstatement of the fundamental right to private property.The Supreme Court has sent a notice to the governmentt questioning why the right should not be brought back.
As in 2007 the supreme court unanimously said that the fundam
On 1st April 2010, India joined a group of few countries in the world, with a historic law making education a fundamental right of every child coming into force. Making elementary education an entitlement for children in the 6-14 age group, the Right of Children to Free and Compulsory Education Act, 2009 will directly benefit children who do not go to school at present.
In an unprecedented move, Prime Minister Manmohan Singh announced the operationalisation of the Act. For the first time, education will become a constitutional right. It is a tryst with destiny in the area of education. Children, who had either dropped out of schools or never been to any educational institution, will get elementary education as it will be binding on the part of the local and State governments to ensure that all children in the 6-14 age group get schooling. As per the Act, private educational institutions should reserve 25 per cent seats for children from the weaker sections of society. The Centre and the States have agreed to share the financial burden in the ratio of 55:45, while the Finance Commission has given Rs. 25,000 crore to the States for implementing the Act. The Centre has approved an outlay of Rs.15,000 crore for 2010-2011.
The school management committee or the local authority will identify the drop-outs or out-of-school children aged above six and admit them in classes appropriate to their age after giving special training.
- Fundamental Rights, Directive Principles and Fundamental Duties of India
- Directive Principles in India
- Constitution of India
- Government of India
- Parliament of India
- Writs in Indian law
- RIGHT to EDUCATION is also been included from April 1, 2010
लेखात प्रयुक्त संज्ञा[संपादन]
शब्दाचा विशेष संदर्भ/अर्थ छटा[संपादन]
|प्रयूक्त शब्द||विशेष संदर्भ/अर्थ छटा|
Date of ruling 15 December 1995
In this case, famously known as the "Fundamental Rights case", the Supreme Court decided that the basic structure of the Constitution of India was unamendable.
- Constitution of India-Part III Fundamental Rights.
- Tayal, B.B. & Jacob, A. (2005), Indian History, World Developments and Civics, pg. A-23
- Gandhi, Rajmohan. Patel: A Life, पृ. 206.
- UNI. Sardar Patel was the real architect of the Constitution. Rediff.com. 2006-05-15 रोजी पाहिले.
- The term "State" includes all authorities within the territory of India. It includes the Government of India, the Parliament of India, the Government and legislature of the states of India. It also includes all local or other authorities such as Municipal Corporations, Municipal Boards, District Boards, Panchayats etc. To avoid confusion with the term states and territories of India, State (encompassing all the authorities in India) has been capitalized and the term state (referring to the state governments) is in lowercase.
- Laski, Harold Joseph (1930). Liberty in the Modern State. New York and London: Harpers and Brothers.
- Bodhisattwa Gautam vs. Subhra Chakraborty; 1995 ICHRL 69. World Legal Information Institute. 2006-05-25 रोजी पाहिले. This was the case where Public interest litigation was introduced (date of ruling 15 December 1995).
- Tayal, B.B. & Jacob, A. (2005), Indian History, World Developments and Civics, pg. A-25
- Citizenship (Amendment) Bill, 2003[मृत दुवा] (PDF) 5. Rajya Sabha. 2006-05-25 रोजी पाहिले.
- Bodhisattwa Gautam vs. Subhra Chakraborty; 1995 ICHRL 69. World Legal Information Institute. 2006-05-25 रोजी पाहिले. This was the case where fundamental rights were enforced against private individuals (date of ruling 15 December 1995).
- Kesavananda Bharati vs. The State of केरळ; AIR 1973 S.C. 1461, (1973) 4 SCC 225 — In what became famously known as the "Fundamental Rights case", the Supreme Court decided that the basic structure of the Constitution of India was unamendable
- Tayal, B.B. & Jacob, A. (2005), Indian History, World Developments and Civics, pg. A-24
- Constitution of India-Part III Article 14 Fundamental Rights.
- साचा:संकेतस्थळ स्रोत या साच्यास हाक देण्यात त्रुटी: दुवा आणि शीर्षक हे रकाने अनिवार्य आहेत. (PDF). Ministry of Power, India. 2006-05-25 रोजी पाहिले. Special Courts. Ministry of Power, India. 2006-05-25 रोजी पाहिले.
- Constitution of India-Part III Article 15 Fundamental Rights.
- Constitution of India-Part III Article 16 Fundamental Rights.
- Constitution of India-Part III Article 17 Fundamental Rights.
- Constitution of India-Part III Article 18 Fundamental Rights.
- Basu, Durga Das (1988). Shorter Constitution of India. New Delhi: Prentice Hall of India. Basu, Durga Das (1993). Introduction to the Constitution of India. New Delhi: Prentice Hall of India.
- Constitution of India-Part III Article 19 Fundamental Rights.
- Pylee, M.V. (1999). India’s Constitution. New Delhi: S. Chand and Company. आय.एस.बी.एन. 81-219-1907-X.
- Vasudha Dhagamwar (May 4, 2004). The price of a Bill. 24 March 2009 रोजी पाहिले.
- Constitution of India-Part III Article 20 Fundamental Rights.
- 86th Amendment Act, 2002.
- right to education bill.
- Constitution of India-Part III Article 22 Fundamental Rights.
- Constitution of India-Part III Article 23 Fundamental Rights.
- Constitution of India-Part III Article 24 Fundamental Rights.
- Constitution of India-Part III Article 26 Fundamental Rights.
- Constitution of India-Part III Article 27 Fundamental Rights.
- Constitution of India-Part III Article 28 Fundamental Rights.
- Constitution of India-Part III Article 25 Fundamental Rights.
- Constitution of India-Part III Article 29 Fundamental Rights.
- Constitution of India-Part III Article 30 Fundamental Rights.
- Constitution of India-Part III Article 32 Fundamental Rights.
- Tayal, B.B. & Jacob, A. (2005), Indian History, World Developments and Civics, pg. A-33
- Constitution of India-Part IV Article 41 Directive Principles of State Policy.
- Senior Inspector justifies lathi-charge during the 2006 Indian anti-reservation protests
- Lathi Charge in Mumbai during the 2006 Indian anti-reservation protests
- Child labour in India. India Together. 2006-06-27 रोजी पाहिले.
- Index of perception of corruption, published by Transparency International.
- 44th Amendment Act, 1978.