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Fundamental Rights, Directive Principles And Fundamental Duties Of India
The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties' are sections of the Constitution of India that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State. These sections are considered vital elements of the constitution, which was developed between 1949 by the Constituent Assembly of India. The ''Fundamental Rights'' are defined in Part III of the Indian Constitution from article 12 to 35 and applied irrespective of race, place of birth, religion, caste, creed, gender, and equality of opportunity in matters of employment.They are enforceable by the courts, subject to specific restrictions. The ''Directive Principles of State Policy'' are guidelines for the framing of laws by the government. These provisions, set out in Part IV of the Constitution, are not enforceable by the courts, but the principles on which they are based are fundamental guidelines for governance that t ...
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Constitution Of India
The Constitution of India (IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written national constitution in the world. It imparts constitutional supremacy (not parliamentary supremacy, since it was created by a constituent assembly rather than Parliament) and was adopted by its people with a declaration in its preamble. Parliament cannot override the constitution. It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The constitution replaced the Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India. To ensure constitutional autochthony, its framers repealed prior acts of the British parliament in A ...
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Tej Bahadur Sapru
Sir Tej Bahadur Sapru (8 December 1875 20 January 1949) was an Indian freedom fighter, lawyer, and politician. He was a key figure in India's struggle for independence, helping draft the Indian Constitution. He was the leader of the Liberal party in British-ruled India. Early life and career Tej Bahadur Sapru was born in Aligarh in the United Provinces (now Uttar Pradesh), in a Kashmiri Pandit family. Sapru was the only son of Ambika Prasad Sapru, a zemindar, and his wife Gaura Sapru (née Hukku). Sapru's mother Gaura was the sister of Niranjan Hukku, whose daughter Uma was married to Shyamlal Nehru, a first cousin of Jawaharlal Nehru. Sapru was also an eighth cousin of Allama Iqbal, national poet of Pakistan and a Muslim ideologue who was among those who formulated the very idea of Pakistan in the 1930s. He was educated at the Agra College. Sapru worked in the Allahabad High Court as a lawyer where Purushottam Das Tandon, a future nationalist leader, worked as his junior. H ...
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Indian Nationality Law
Indian nationality law details the conditions by which a person holds Indian nationality. The two primary pieces of legislation governing these requirements are the Constitution of India and the Citizenship Act, 1955. All persons born in India between 26 January 1950 and 1 July 1987 automatically received citizenship by birth regardless of the nationalities of their parents. Between 1 July 1987 and 3 December 2004, citizenship by birth was granted if at least one parent was a citizen. Individuals born in the country since then receive Indian citizenship at birth only if both parents are Indian citizens, or if one parent is a citizen and the other is not considered an illegal migrant. Foreigners may become Indian citizens by naturalization, naturalisation after residing in the country for at least 12 years and renouncing any previous nationalities. Members of certain religious minority communities from neighbouring countries qualify for a reduced residence requirement of six y ...
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High Courts Of India
The high courts of India are the highest courts of appellate jurisdiction in each state and union territory of India. However, a high court exercises its original civil and criminal jurisdiction only if the subordinate courts are not authorized by law to try such matters for lack of pecuniary, territorial jurisdiction. High courts may also enjoy original jurisdiction in certain matters, if so designated specially by the constitution, a state or union law. The work of most high courts primarily consists of appeals from lower courts and writ petitions in terms of Articles 226 and 227 of the constitution. Writ jurisdiction is also an original jurisdiction of a high court. Each state is divided into judicial districts presided over by a district and sessions judge. He is known as district judge when he presides over a civil case, and session's judge when he presides over a criminal case. He is the highest judicial authority below a high court judge. Below him, there are courts of ...
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Supreme Court Of India
The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters except for personal laws and interstate river disputes, and also has the power of judicial review. The Chief Justice of India is the Head and Chief Judge of the Supreme Court, which consists of a maximum of 34 judges, and has extensive powers in the form of original, appellate and advisory jurisdictions. New judges here are uniquely nominated by existing judges and other branches of government have neglible say as the court follows collegium system for appointments. As the apex and most powerful constitutional court in India, it takes up appeals primarily against verdicts of the High Courts of various states of the Union and other courts and tribunals. It is required to safeguard the fundamental rights of citizens and settles dispute ...
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List Of Amendments Of The Constitution Of India
As of October 2021, there have been 105 amendments of the Constitution of India since it was first enacted in 1950. There are three types of amendments to the Constitution of India of which second and third type of amendments are governed by Article 368. * The first type of amendments includes that can be passed by " simple majority" in each house of the Parliament of India The Parliament of India (International Alphabet of Sanskrit Transliteration, IAST: ) is the supreme legislative body of the Republic of India. It is a bicameralism, bicameral legislature composed of the president of India and two houses: the R .... * The second type of amendments includes that can be effected by the parliament by a prescribed " special majority" in each house; and * The third type of amendments includes those that require, in addition to such "special majority" in each house of the parliament, ratification by at least one half of the State Legislatures. The third type amendments tha ...
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Forty-second Amendment Of The Indian Constitution
The 42nd amendment, officially known as The Constitution (Forty-second amendment) Act, 1976, was enacted during the Emergency (25 June 1975 – 21 March 1977) by the Indian National Congress government headed by Indira Gandhi. Most provisions of the amendment came into effect on 3 January 1977, others were enforced from 1 February and Section 27 came into force on 1 April 1977. The 42nd Amendment is regarded as the most controversial constitutional amendment in history. It attempted to reduce the power of the Supreme Court and High Courts to pronounce upon the constitutional validity of laws. It laid down the Fundamental Duties of Indian citizens to the nation. This amendment brought about the most widespread changes to the Constitution in its history. Owing to its size, it is nicknamed as the ''Mini-Constitution''. Many parts of the Constitution, including the Preamble and constitution amending clause itself, were changed by the 42nd Amendment, and some new articles and secti ...
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Irish Constitution
The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the tradition of liberal democracy. It guarantees certain fundamental rights, along with a popularly elected non-executive President of Ireland, president, a Bicameralism, bicameral parliament, a separation of powers and judicial review. It is the second constitution of the Irish state since independence, replacing the 1922 Constitution of the Irish Free State. It came into force on 29 December 1937 following a Irish constitutional plebiscite, 1937, statewide plebiscite held on 1 July 1937. The Constitution may be amended solely by a national referendum. It is the longest continually operating republican constitution within the European Union. Background The Constitution of Ireland replaced the Constitution of the Irish Free State The Constitut ...
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United Nations Human Rights Commission
The United Nations Commission on Human Rights (UNCHR) was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006. It was a subsidiary body of the UN Economic and Social Council (ECOSOC), and was also assisted in its work by the Office of the United Nations High Commissioner for Human Rights (UNOHCHR). It was the UN's principal mechanism and international forum concerned with the promotion and protection of human rights. On March 15, 2006, the UN General Assembly voted overwhelmingly to replace UNCHR with the UN Human Rights Council. History The UNCHR was established in 1946 by ECOSOC, and was one of the first two "Functional Commissions" set up within the early UN structure (the other being the Commission on the Status of Women). It was a body created under the terms of the United Nations Charter (specifically, under ''Article 68'') to which all UN member states are signatorie ...
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Universal Declaration Of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal Declaration of Human Rights, committee chaired by Eleanor Roosevelt, it was accepted by the General Assembly as United Nations General Assembly Resolution 217, Resolution 217 during Third session of the United Nations General Assembly, its third session on 10 December 1948 at the Palais de Chaillot in Paris, France. Of the 58 members of the United Nations at the time, 48 voted in favour, none against, eight abstentions, abstained, and two did not vote. A foundational text in the History of human rights, history of human and civil rights, the Declaration consists of 30 articles detailing an individual's "basic rights and fundamental freedoms" and affirming their universal character as inherent, inalienable, and applicable to all human beings. ...
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Fundamental Rights
Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Sustainable Development Goal 16, established in 2015, underscores the link between promoting human rights and sustaining peace. List of important rights Some universally recognised rights that are seen as fundamental, i.e., contained in the United Nations Universal Declaration of Human Rights, the U.N. International Covenant on Civil and Political Rights, or the U.N. International Covenant on Economic, Social and Cultural Rights, include the following: * Right to self-determination * Right to liberty * Right to due process of law * Right to freedom of movement * Right to privacy * Right to freedom of thought * Right to freedom of religion * Right to freedom of expression * Right to peaceful assembly * Right to freedom of association Spe ...
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Princely State
A princely state (also called native state or Indian state) was a nominally sovereign entity of the British Raj, British Indian Empire that was not directly governed by the British, but rather by an Indian ruler under a form of indirect rule, subject to a subsidiary alliance and the suzerainty or paramountcy of the the Crown, British crown. There were officially 565 princely states when India and Pakistan became independent in 1947, but the great majority had contracted with the viceroy to provide public services and tax collection. Only 21 had actual state governments, and only four were large (Hyderabad State, Mysore State, Kashmir and Jammu (princely state), Jammu and Kashmir State, and Baroda State). They Instrument of accession, acceded to one of the two new independent nations between 1947 and 1949. All the princes were eventually pensioned off. At the time of the British withdrawal, 565 princely states were officially recognised in the Indian subcontinent, apart from t ...
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