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The Fundamental Rights

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fundamental rights

The Fundamental Right is a charter of rights contained in the Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These include individual rights common to most liberal democracies, such as equality before the law, freedom of speech and expression, and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights.

The Fundamental Rights are defined as basic human freedoms which every Indian citizen has the right to enjoy for a proper and harmonious development of personality. These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste or gender.

Changes to the fundamental rights require a constitutional amendment which has to be passed by a special majority of both houses of Parliament. This means that an amendment requires the approval of two-thirds of the members present and voting. The number of members voting should not be less than the simple majority of the house – whether the Lok Sabha or Rajya Sabha.

Six Fundamental Rights

  • The Right to EQUALITY
  • The Right to FREEDOM
  • The Right to Freedom from EXPLOITATION
  • The Right to FREEDOM OF RELIGION
  • CULTURAL and EDUCATIONAL Rights
  • The Right to CONSTITUTIONAL REMEDIES

Members of Congress composed of a large majority, Congress leaders appointed persons from diverse political backgrounds to the responsibilities of developing the constitution and national laws. Bhimrao Ramji Ambedkar became the chairperson of the drafting committee, while Jawaharlal Nehru and Sardar Vallabhbhai Patel became chairpersons of committees and sub-committees responsible for different subjects. A notable development during that period having a significant effect on the Indian constitution took place on 10 December 1948 when the United Nations General Assembly adopted the Universal Declaration of Human Rights and called upon all member states to adopt these rights in their respective constitutions.

Right to equality, including equality before the law, prohibition of discrimination on grounds of religion, race, caste, gender or place of birth, and equality of opportunity in matters of employment, the abolition of untouchability and abolition of titles.

Right to freedom which includes speech and expression, assembly, association or union or cooperatives, 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 to life and liberty, right to education, protection in respect to conviction in offences and protection against arrest and detention in certain cases.

Right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings.

Right to freedom of religion, including freedom of conscience and free profession, practice, and propagation of religion, freedom to manage religious affairs, freedom from certain taxes and freedom from religious instructions in certain educational institutes.

Cultural and Educational rights preserving 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.

Right to constitutional remedies for the enforcement of Fundamental Rights.

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Role of Media

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role of media

To understand the role of media, broadly mass media can be divided into two parts – electronic media and print media. TV, Radio, the  Internet,etc. are included in the electronic media. And Newspapers, Magazines and Journals, etc.are included in the print media.

The mass media is a unique feature of modern society. In the last five to six decades the influence and role of media have grown exponentially with the advance of technology. There is a direct relation between the development of mass media and social change. However, the degree of this influence depends on the issues taken up by the media. We live in a society that depends on information and communication, to keep moving in the right direction. Our day to day activities like work, entertainment, health care, education, personal relationship, travelling almost everything is influenced by media directly or indirectly.

Most of the consequences either detrimental or beneficial, which have been attributed to mass media, can be due to some other tendencies in the society. Therefore, some sociologists even say that the mass media is used as ‘an instrument’ and it is both more powerful and more flexible than everything in previous existence.

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Role of Media

Electronic media, particularly the visual one, influences the viewers in a great way. In order to increase their TRP, the various TV channels are showing such scenes and images, which are of no importance and have an adverse effect on the mind of viewers. Many channels cross the limits of ethics and morality by showing sexual and rape cases, with minute details by the anchor. They little understand the trauma of the victim. Their only purpose seems to be to present such news in a spicy manner. The TV coverage of massacres by communal fanatics creates feeling of hatred among the communities and motivates others to wreak vengeance. And the same thing can be said about the print media also though the printed matter doesn’t have that subtle effect as the visual one has. It is also seen that the media (both electronic and print) is biassed. It is the owner who decides the policy of a particular TV channel, newspaper or some journal. They favour some particular ideology or political viewpoint and people are generally carried away by their views. They lose their own sense of discretion because they consider their views as the gospel truth.

The media makes billions of rupees with the advertising they sell and that we are exposed to. People generally make up their buying decisions on the basis of what they see on TV, newspapers or magazines. And many a time they are carried away by the tall claims made by these advertisements and buy substandard or unnecessary things. But this is only one face of the coin. The role of media is to help in increasing our knowledge about the different brands available in the market and thus gives us the wider choice.

It is believed that the most prominent sign of the role of media (mass) influence is the link to violent programmes. Some people believe that the TV has altered the world, and it is rotting the minds of the youth. Most of the reality programmes are just a dump of rubbish ideas. Who can deny the fact of the usage of obscene and double meaning language used in such programmes?

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No one can ever forget the 26/11 Mumbai bomb blasts. And the role of different TV channels did an irreparable harm to the nation. Just to increase their viewer ship all the channels were showing minute details of these attacks, the position of the security forces, etc. And the terrorists across the border used this information to cause more and more destruction. It is the social responsibility of media to be sensible in covering such incidents.

Both the print and the electronic media can play very important role in the awakening the common man against social evils. The most recent example, in this case, is that of Anna Hazare. His drive against corruption and the demand of Janlokpal Bill (Public ombudsman bill) received wide media coverage. Anna Hazare mobilised the masses with his fast against corruption. The media – and in particular TV news channels – virtually turned coverage into a campaign. Corruption is a big problem which is eating into the entrails of the nation. And the media made a very positive impact on society by arousing it from its deep slumber against this evil.

It can be safely concluded that role of media is like a double edged sword. And it is the responsibility of the media people to use it to eradicate the evils from the society.

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The Constitution of India – Drafting and Composition

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Constitution India Drafting

The present Constitution was framed by the Constituent Assembly of India setup under Cabinet Mission Plan of May 16, 1946.

The Constituent Assembly consisted of 385 members, of which 292 were elected by the elected members of the Provincial Legislative Assemblies while 93 members were nominated by the Princely States. To these were to be added a representative each from the for Chief Commissioners Provinces of Delhi, Ajmer-Marwar, Coorg and British Baluchistan.

Each Province and each Indian State or group of States were allotted the total number of seats proportional to their respective population roughly in the ratio of one to a million.

B N Rao was appointed the Constitutional Adviser of the Assembly.

The first meeting of the Constituent Assembly took place on December 9, 1946, with Dr. Sachidanand Sinha as its interim President. Dr. Rajendra Prasad was elected as its President on December 11, 1946.

The Assembly has 13 committees for framing the Constitution.

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The all-important Drafting Committee, which bore the responsibility of drafting the Constituent Assembly, from July 1947 to September 1948, was formed on August 29, 1947. Its members were:

  1. Dr. B. R. Ambedkar – Chairman
  2. N. Gopalaswami Ayyangar
  3. Alladi Krishnaswami Ayyar (a distinguished jurist)
  4. K. M. Munshi (a distinguished jurist)
  5. Syyed Mohd. Saadulla
  6. N. Madhav Rao (in place of B L Mitra)
  7. D. P. Khaitan (T Krishnamachari , after Khaitan’s death in 1948)

It was finally passed and accepted on November 26, 1949. The last session of the Assembly was held on January 24, 1950, which unanimously elected Dr. Rajendra Prasad as the President of India. In all, 284 members of the Assembly signed the official copies of the Indian Constitution which came into effect on Jan 26, 1950, known and celebrated as the Republic Day of India.

Although Constitution was ready on November 26, 1949, but was delayed until Jan 26, 1950, because in 1929 on this day Indian National Congress demanded ‘Poorna Swaraj‘ in Lahore session under J L Nehru. Some of the provisions as those related to citizenship, elections, provisional Parliament etc, were given immediate effect.

Constituent Assembly took 2 years – 11 months – 18 days to complete the Constitution.

Originally it had 395 articles, and 8 schedules (12 at present).

Constituent Assembly adopted our National Flag on July 22, 1947. It was designed by Pingali Venkaiah of Andhra Pradesh.

The idea to have Constitution was given by M N Roy. He was a Political Philosopher.

The Preamble of the Constitution is a preface or the introduction to the constitution. It is not an integral part of Constitution. The interpretation of the Constitution is based on the spirit of Preamble.

The ‘Objective Resolution‘, proposed by Pandit Nehru and passed by the Constituent Assembly, ultimately became the Preamble of the constitution.

The Idea of Preamble borrowed from the Constitution of United States.

The words ‘Socialist’, ‘Secular’ and ‘Unity & Integrity’ were added by the 42nd Amendment in 1976.

The Preamble of the Constitution is not Justiciable.

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Fundamental Rights Incorporated in Constitution of India (Articles, Writs)

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Supreme Court as the Guardian of Fundamental Rights

Fundamental Rights incorporated in Constitution of India: There are some Fundamental Rights incorporated in Constitution of India. They are:

Right to Equality

Article 14

Equality before the law and equal protection of the law.

Article 15

Prohibition of discrimination on grounds on grounds only of religion, race, caste, sex or place of birth.

Article 16

Equality of opportunity in matters of public employment.

Article 17

End of untouchability

Article 18

Abolition of titles. Military and academic distinctions are, however, exempted.

Right to Freedom

Article 19

It guarantees the citizen of India the following six fundamental freedoms:
(a) Freedom of Speech and Expression.
(b) Freedom of Assembly
(c) Freedom to form Association
(d) Freedom of Movement
(e) Freedom of Residence and Settlement
(f) Freedom of Profession, Occupation, Trade, and Business

Article 20

Protection in respect of conviction for offences.

Article 21

Protection of life and personal liberty.

Article 22

Protection against arrest and detention in certain cases.

Right Against Exploitation

Article 23

Traffic in human beings prohibited.

Article 24

No child below the age of 14 can be employed.

Right to freedom of Religion

Article 25

Freedom of conscience and free profession, practice and propagation of religion.

Article 26

Freedom to manage religious affairs

Article 27

Prohibits taxes on religious grounds.

Article 28

Freedom as to attendance at religious ceremonies in certain educational institutions.

Cultural and Educational Rights

Article 29

Protection of interests of minorities.

Article 30

Right of minorities to establish and administer educational institutions.

Article 31

Omitted by 44th Amendment Act.

Right to Constitutional Remedies

Article 32

The right to move the Supreme Court in the case of their violation (called Soul and Heart of the Constitution by B R Ambedkar).
To enforce the Fundamental Rights incorporated in Constitution of India, the Supreme Curt is empowered under Article 32 to issue writs of various forms.

Habeas Corpus: Literally means ‘to have the body’. Implies that a person imprisoned or detained by the law can enquire under what authority he has been imprisoned or detained.

Mandamus: Literally means ‘command’ issued by the court commanding a person or a public authority to do or forbear to do something in the nature of public duty.

Quo Warranto: An order issued by the court to prevent a person from holding office to which he is not entitled and to oust him from that office.

Certiorari: It is a writ, which orders the removal of a suit from an inferior court to a superior court (for speedy justice).

Prohibition: y a higher court to stop proceedings in a lower court on the ground of over-stepping of jurisdiction or isolation of the rules of natural justice.

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Vice President Election in India – Explained in 10 Points

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vice president election india

India has elected its 15th Vice President Mr.Venkaiah Naidu. Following 10 Points explains all about Vice President Election in India – including process, eligibility, voters, nomination, security deposit, salary, removal and much more.

vice president election india

1. Time of Election

Election of Vice President, the second highest constitutional post in India is conducted before the expiry of the term of existing Vice President.

2. Nomination

The candidate needs 20 electors as proposers and at least another 20 electors as seconders for his nomination. The candidate also has to make a security deposit of Rs. 15,000.

3. Eligibility for candidature

Any citizen of India who has completed the age of 35 years and is qualified for election as a member of the Council of States is eligible to contest Vice-President Election. Also, he must not hold any office of profit.

4. Voters in Vice President Election

The Electoral college for election of Vice President consist all the members of Parliament i.e 790 includes Lok Sabha (543+2) and Rajya Sabha (233+12) members. This electoral college includes nominated members too.

5. Role of Election Commission

According to Constitution of India, Article superintendence, direction and control the Vice-Presidential election lie with the Election Commission of India. The Election Commission is responsible for whole election process from notification of election, nomination papers, the appointment of Returning Officer, Voting, counting of votes and declaration of the winner.

6. Election Process

The system for election of Vice President is proportional representation by means of the single transferable vote.

Unlike different values of votes in Presidential Election, the value of each vote in the Vice-Presidential election is one. A Ballot paper contains a list of candidate’s name and voters are required to mark their preferences against names of those candidates (e.g. 1,2,3,4..).

During counting, whichever candidate will secure 50% of the total valid votes +1 will be declared as a winner i.e. 790/2+1= 396 (in the case of 790 valid votes).

7. Constitutional Provisions

Articles 63-73 of Indian Constitution give all the information related to Vice President of India. And, Article 324 of the Constitution read with the Presidential and Vice-Presidential Elections Act, 1952 and the Presidential and Vice-Presidential Elections Rules, 1974, provides information on Vice President Election.

9. Removal or Vacancy

A total of 14 days advance notice must be given prior to the initiation of the removal proceedings of the Vice President. The temporary vacancy in the office of the Vice President is created, the Deputy Chairman of the Rajya Sabha takes over the role of the Chairman of the Rajya Sabha.

10. Salary

Vice President gets his salary Rs. 1,25,000 for being ex-officio Chairperson of the Council of States (Rajya Sabha). In a case of vacancy if he becomes President of India then he will take salary Rs. 1.5 Lakh of President and will stop getting the salary of ex-officio chairperson.

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