History Project Help Fundamental Rights

Can the Parliament amend fundamental rights?

Fundamental Rights in Part III have been placed on pedestal of sacrosanctity and often described as touchstone of constitution, since commencement of constitution question regarding amendability of FR’s have been a contentious one. For clear understanding one need to look into historical developments regarding it.Shankari Prasad VS UoI (1951) challenged first amendment act to which SC said that word “law” mentioned in Article 13, only include ordinary law not amendment acts therefore Parliament can amend any part of constitution including Part III.Then again in Sajjan Singh VS State of Rajasthan (1965), 9 judge bench reinstated the earlier decision of Shankari Prasad.In 1967, Golaknath VS State of Punjab , 11 judge bench pronounced a surprising judgement that parliament can’t amend FR’s even under Art 368 and giving rationale that FR’s had been given transcendental position and no authority even parliament can amend it and also stated that word “law” in Art 13 includes both ordinary and amendment acts. In reaction to this judgement parliament enacted 24th CAA in 1971 which seeks to amend art 13 and 368 and declared that parliament has power to abridge any FR under Art 368 and such an act will not be law under meaning of Art 13.This led to era of tussle b/w judiciary and executive when validity of 24th CAA was challenged in Kesvananda Bharati VS State of Kerala (1973) and 11 judge bench pronounced a watershed judgement which validated 24th CAA but propounded “Doctrine of Basic Structure” which explained that parliament can amend any part of constitution including FR’s but such amendments should not erode ‘Basic Structure’ of constitution, which is judicial innovation.Then again in reaction to this judgement parliament passed 42nd CAA which declared that parliament has unfettered right to amend any part of constitution and such amendment can’t be questioned in any court.Again validity of 42nd CAA was challenged in Minerva Mills case (1980) which declared ‘Judicial Review’ as part of Basic Structure and this is present status of amendability of FR’s.

What is the importance of the fundamental rights of Indian citizens?

A right of a citizen may be described as the certain freedoms and privileges accorded to an individual ,by the constitution,which enables them to live a life of dignity, respect and to contribute positively in the growth and development of the society and country at large.Fundamental rights are those rights which are deemed absolutely essential. These are the rights without which the essence of true human development and survival cannot be guaranteed. These rights are deemed so 'fundamental' in their nature, that is, if they are violated (either by any other private citizen or even the government), the affected person can request the highest court of the land to intervene and protect him from discrimination.The fundamental rights ensured in the Indian Constitution areRight to equality.Right to freedom.Right against exploitation.Right to freedom of religion.Cultural and educational rights.Right to constitutional remedies.(Referred to as the 'heart and soul' of the Indian Constitution. This right guarantees an individual that the highest court of the land will ensure that these fundamental rights will be protected and it's interpretation remains valid with the changing norms.)Fundamental rights thereby ensure a just, equitable, compassionate and orderly society where the growth of the individual is not inhibited by lack of opportunities, oppression or lack of resources. It ensures basic dignity and instills a sense of confidence and brotherhood in the society.

How does the Indian Constitution protect the rights of children?

The Indian constitution provides bouquet of child rights for their protection and progression.Constitutional Guarantees that are meant specifically to children:Right to free and compulsory elementary education for all children in the 6-14 year age group (Article 21 A)Right to be protected from any hazardous employment till the age of 14 years (Article 24)Right to be protected from being abused and forced by economic necessity to enter occupations unsuited to their age or strength (Article 39(e))Right to equal opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and guaranteed protection of childhood and youth against exploitation and against moral and material abandonment (Article 39 (f))Right to early childhood care and education to all children until they complete the age of six years (Article 45)Beside these rights, they are also accorded other rights equal to any citizen of India, such as:Right to equality (Article 14)Right against discrimination (Article 15)Right to personal liberty and due process of law (Article 21)Right to being protected from being trafficked and forced into bonded labour (Article 23)Right of minorities for protection of their interests (Article 29)Right of weaker sections of the people to be protected from social injustice and all forms of exploitation (Article 46)Right to nutrition and standard of living and improved public health (Article 47)Constitution also empowers the government to pass legislation for protection, care and promotion of child rights. Acts like JJ act, Child labour act 1986, Child marriage restraint act etc have been passed in furtherance of such powers.Indian constitution is fully compliant with the International Standards and protection accorded to children as per UDHR, UN Charter, CRC etc.Thanks.