In Sodan Singh v. NDMC 27 a constitution bench of the Supreme Court reiterated that the question whether there can at all be a fundamental right of a citizen to occupy a particular place on the pavement where he can squat and engage in trade must be answered in the negative. Fortunately, a different note has been struck in a recent decision of the court. In Ahmedabad Municipal Corporation v. Due to want of facilities and opportunities, the right to residence and settlement is an illusion to the rural and urban poor.
Articles 38, 39 and 46 mandate the State, as its economic policy, to provide socio-economic justice to minimise inequalities in income and in opportunities and status. It positively charges the State to distribute its largesse to the weaker sections of the society envisaged in Article 46 to make socio-economic justice a reality, meaningful and fruitful so as to make life worth living with dignity of person and equality of status and to constantly improve excellence.
The right to health has been perhaps the least difficult area for the court in terms of justiciability, but not in terms of enforceability. Article 47 of DPSP provides for the duty of the state to improve public health. The Supreme Court did not stop at declaring the right to health to be a fundamental right and at enforcing that right of the laborer by asking the Government of West Bengal to pay him compensation for the loss suffered. It directed the government to formulate a blue print for primary health care with particular reference to treatment of patients during an emergency.
In Consumer Education and Research Centre v. Union of India 32 the court, in a PIL, tackled the problem of the health of workers in the asbestos industry. It is again in PIL that the court has had occasion to examine the quality of drugs and medicines being marketed in the country and even ask that some of them be banned.
A note of caution was struck when government employees protested against the reduction of their entitlements to medical care. The court said:. No State or country can have unlimited resources to spend on any of its projects. That is why it only approves its projects to the extent it is feasible. The same holds good for providing medical facilities to its citizens including its employees. It has to be to the extent finances permit. If no scale or rate is fixed then in case private clinics or hospitals increase their rate to exorbitant scales, the State would be bound to reimburse the same.
The principle of fixation of rate and scale under the new policy is justified and cannot be held to be violative of article 21 or article 47 of the Constitution. The question whether the right to education was a fundamental right and enforceable as such was answered by the Supreme Court in the affirmative in Mohini Jain v.
State of Andhra Pradesh. The college management was seeking enforcement of their right to business. The court expressly denied this claim and proceeded to examine the nature of the right to education.
The court refused to accept the nonenforceablity of the DPSP. It asked:. It is noteworthy that among the several articles in Part IV, only Article 45 speaks of a time-limit; no other article does.
Has it no significance? Is it a mere pious wish, even after 44 years of the Constitution? The Constitution contemplated a crash programme being undertaken by the State to achieve the goal set out in Article By primary education, we mean the education which a normal child receives by the time he completes 14 years of age. Neglected more so are the rural sectors, and the weaker sections of the society referred to in Article Surely the wisdom of these constitutional provisions is beyond question.
The court then proceeded to examine how this right would be enforceable and to what extent. It clarified the issue thus:. The right to education further means that a citizen has a right to call upon the State to provide educational facilities to him within the limits of its economic capacity and development.
We cannot believe that any State would say that it need not provide education to its people even within the limits of its economic capacity and development. More caution followed. It clarified:. We must hasten to add that just because we have relied upon some of the directive principles to locate the parameters of the right to education implicit in Article 21, it does not follow automatically that each and every obligation referred to in Part IV gets automatically included within the purview of Article We have held the right to education to be implicit in the right to life because of its inherent fundamental importance.
As a matter of fact, we have referred to Articles 41, 45 and 46 merely to determine the parameters of the said right. In fact, the court had broken new ground in the matter of justiciability and enforceability of the DPSP. The decision in Unnikrishnan has been applied by the court in formulating broad parameters for compliance by the government in the matter of eradication of child labor.
This it did in a PIL where it said:. Ques 5: One of the implications of equality in society is the absence of. With all the classroom coaching for IAS coaching being closed for now, you must be facing great difficulty in preparing for IAS seamlessly. During these unprecedented times, you can rely on our online courses and study material for your preparation.
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These rights are called fundamental rights because they are justiciable in nature allowing persons to move the courts for their enforcement, if and when they are violated Features of The Fundamental Rights Some of the salient features of Fundamental Rights include: FRs are protected and guaranteed by the constitution. Right to freedom of speech and expression, assembly, association or union, movement, residence, and right to practice any profession or occupation some of these rights are subject to security of the State, friendly relations with foreign countries, public order, decency or morality.
Right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings. Right to freedom of conscience and free profession, practice, and propagation of religion. Right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice; and Right to constitutional remedies for enforcement of Fundamental Rights.
The Polity: Citizenship Fund. Even a particular segment of the public, called Dalits or the small religious groups like the Parsis do come under minorities. All these people have a fundamental right to enjoy all the benefits that the majority of citizens enjoy. Right to Constitutional Remedies: This right is very important for the legal development of the citizens and the country. All citizens have equal right to appeal to the court of law for justice.
If they feel they have a threat to life or property or to join the government in order to effect this change. Note: The constitution of India provides for all the fundamental rights.
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