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Civil and Political Rights in India

This page provides an introduction to the concept of civil and political rights within the Indian legal framework. It aims to be a valuable resource for law students and aspiring lawyers.

Overview of Civil and Political Rights​

In dia, civil and political rights are enshrined in the Constitution of India, specifically in Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy). These rights form the foundation of individual freedoms and democratic governance.

Fundamental Rights​

  1. Right to Equality (Article 14)

    • Legal Section: The Constitution (Forty-fourth Amendment) Act, 1978
    • Case Study: Maneka Gandhi v. Union of India (1978), AIR 1981 SC 1746
      • Illustration: This landmark case established that fundamental rights cannot be taken away except through due process of law.

  2. Freedom of Speech and Expression (Article 19(1)(a))

    • Legal Section: The Constitution (First Amendment) Act, 1951
    • Case Study: Romesh Thapar v. State of Madras (1950), AIR 1950 SC 124
      • Illustration: This case upheld the right to publish anti-government literature during times of emergency.

  3. Right to Life and Liberty (Article 21)

    • Legal Section: The Constitution (Twenty-fifth Amendment) Act, 1971
    • Case Study: Olga Tellis v. Bombay Municipal Corporation (1986), AIR 1986 SC 1327
      • Illustration: This case recognized the right to shelter as part of the right to life.

Directive Principles of State Policy​

These principles guide state policy but are not enforceable by courts. However, they have significant influence on legislative and executive actions.

Right to Work (Article 41)​

  • Legal Section: The Constitution (Forty-second Amendment) Act, 1976
  • Case Study: Kesavananda Bharati v. State of Kerala (1973), AIR 1973 SC 1461
  • Illustration: While not directly related to work rights, this case established the supremacy of Parliament over judicial review, indirectly influencing labor policies.

Conclusion​

Understanding civil and political rights in India is crucial for law students and future lawyers. These rights form the bedrock of India's democracy and continue to evolve through case law and legislation.

For further study, consider exploring the following resources:

  • The Constitution of India
  • Supreme Court judgments on human rights cases
  • Government of India publications on human rights

Remember, while these rights are fundamental, their interpretation and application often require careful consideration of specific circumstances and precedents set by the judiciary.