Constitution Promises six fundamental rights to citizens. They are Right to equality, Right to freedom, Right against exploitation, Right to freedom of Religion, Right to culture and Education, Right to establishing fundamental rights through court.
The part of constitution that mentions about fundamental rights is Part III.
The Sculptor of fundamental rights is Sardar Vallabhbhai Patel.
It was according to 44th Amendment of 1978, mention of right of wealth is removed from the table of fundamental rights.
According to the 86th constitutional amendment of 2002, Education is included in fundamental rights. It is mentioned in constitution as 21 A.
The part III of constitution, which includes fundamental rights is known in the name of Magna Carta of India, which is the base and soul of constitution.
The president has the right to abolish the fundamental rights of citizen. (during president rule)
The fundamental rights of 20th and 21st section, should be obeyed even it is president rule.
It was according to 15th section, division based on Religion, Ancestry, Caste and sex were removed.
The 16th section promises occasional equality.
The 17th section of constitution bans untouchability.
Right to Live is known as the basement of Part III. (21st section) of constitution.
Ambedkar mentioned 32nd constitution section as the soul and heart of constitution and also fundamental among fundamental rights.
Directive Principles and Fundamental Duties
Forth part of constitution includes Directive Principles. (36 to 51st sections).
The idea of directive principle is inspired from Irish constitution.
In order to raise the country as a welfare state, Directive Principles are written.
According to 37th section, Directive Principles are Non justice able. That is, no court has the right to conduct it.
Some of the points included in the directive philosophy is same salary for men and women for same employment, to protect the teenagers and youths from discrimination and protect them from falling in bad habits, formation of grama panchayats (40th section), develop a uniform civil code (44th section) for all the country, wildlife protection and surrounding protection (48A section). These are included in Directive philosophy.
According to the 42nd constitutional Amendment of 1976, the new part (IV A), which has “Fundamental Duties” were included in constitution (Article 51A).
It was from earlier Soviet Union, the idea of fundamental duties was borrowed for Indian constitution.
To respect National Flag and Song, to give value and maintain our culture and ancestry etc were included in fundamental duties.
Currently there are 11 fundamental duties in constitution.
Constitutional Amendments of Indian Constitution
Amendments were mentioned in the 368th section of constitution.
First constitutional Amendment (1951) rewritten the sections, 15, 19, 31, 85, 87, 174, 176, 341, 342, 372, and 376. Ninth table is also included in constitution.
According to 14th Amendment, earlier French colonies separated from India is named to Pondicherry and merged with India.
The 42th Amendment of 1976 is called as “Mini Constitution”. (According to this Amendment, the words neutral to religion and socialism were included to preface of constitution.)
The preface of Indian constitution is reformed for only one time.
It was during the period of Morarji Desai of Janata Party as Prime Minister in 1978, the right of wealth was removed from Fundamental Rights.
It was according to 52nd constitutional Amendment (1985), the defection removal law is sanctioned.
It was according to 61st constitutional Amendment in 1989, the voting age is changed to 21 from 18.
The 73rd constitutional Amendment (1993) is related to Panchayat Raj governing system.
It was according to 84th Amendment in 2000 November 1, 9, 15, the states – Chattisgarh, Uttarakhand and Jharkhand were consecutively come into existence.
Education is considered as fundamental right according to 86th Amendment in 2002.
A special commission is formed for scheduled tribes according to 89th Amendment in 2003.
It was according to the 92nd Amendment in 2003, Bodo, Dogri, Santhali and Maithali languages were added. (It was based on 100th Constitutional Amendment bill).
Currently 22 languages were accepted by Constitution.
Writs of Indian Constitution:
It was according to 36th section of constitution, Supreme Court, High Court etc were released as writs.
The writ which has the meaning “You may have the body”, is Habeas Corpus.
Supreme courts and High courts only have the power to release Habeas Corpus.
The phrase “Habeas Corpus” means “the release of one who is in custody (prison) without any lawful reason”.
The writ which has the meaning “We command” is Mandamus.
The judicial writ issued by Supreme court/ High court as a command to an inferior court or ordering a person to perform a public or statutory duty is ‘Mandamus’.
Prohibition is the writ released when a lower court crosses its boundary and performs against the normal Judgment and Law.
The Writ released for transferring a case from lower court to higher court is Certiorari.
The writ to check whether one got an employment without any qualification is Quo Warranto.
Human Rights
It was the “Magna Carta“ in 1215, which is considered as the primary human rights. The ruler who signed in Magna Carta is King John of England.
It was in 1948 December 10, United Nations accepted the all nations Human Rights Declaration. Afterwards, December 10 is celebrated as Human Rights Day.
Supreme Court of India:
Supreme Court is the highest justice court.
Warren Hastings is the governor general who worked for the progression of Supreme Court.
New Delhi is the place where Supreme Court is located.
Justice KG Balakrishnan is the first keralite to become the Supreme Court chief justice. He is the 37th chief justice of Supreme Court.
President will appoint the Supreme Court chief justice.
Supreme Court chief justice and judges would give their resignation letter to president. Also they would take their pledge in front of president during their appointment as judge or chief justice.
The age limit for Supreme Court judge to continue their service is 65.
Impeachment is the act involved for removing a Supreme Court judge from his position.
Justice V.Ramswamy is the first judge to face the impeachment act in Lok Sabha.
The sections from 124 to 147 in Indian Constitution mentions about the Supreme Court.
The civil cases on verbal fights for cashes above 20,000 would be considered by Supreme Court.
The sections 214 to 231 in Indian constitution mentions about High Court.
Guwahati High Court has the highest area to cover the cases in India. The court is handling cases from four states.
The cases from Andaman and Nicobar Islands were handled by Kolkata High Court.
The first Malayali Supreme Court Judge is P.Govinda Menon.
The family courts came into existence from 1986 onwards.
The first bar court of kerala was started in 2005 and it was in Kottarakara.
Currently there are 21 High courts in Kerala.
KT.Koshi is the first chief justice of Kerala High Court.
High Courts in India came into existence from 1862 onwards and it was in Kolkata, Mumbai and Chennai.
BN.Rau, Nagendra Singh, Rs Pathak are the Indians who became judges in International Justice Rights Court.
Justice Fathima Beevi is the first women judge of Supreme Court.
Leila Seth is the first high court chief justice.
The first women judge of India is a Malayali and her name is Anna Chandy.
Sujata V Manohar is the first women chief justice of Kerala High Court.
KK. Usha is the first malayali women to become justice of kerala high court.
The green bench court is first started in Kolkata High Court. The court will consider only environmental cases.
