Indian Constitution: Fundamental Rights and Judiciary System

5 Questions

Which fundamental right is not absolute and can be restricted under certain circumstances?

Right to Freedom of Religion

What is the role of the National Judicial Appointments Commission (NJAC) as per the Indian Constitution?

To ensure transparency and fairness in the appointment process of judges

Which of the following is not a fundamental duty of Indian citizens as outlined in Article 51A of the Constitution?

Participation in the democratic process

What is the key role of the Supreme Court in the Indian judicial system?

To serve as the final appellate authority in cases involving the interpretation of federal law

Which of the following fundamental rights is not mentioned in the text?

Right to Freedom of Speech and Expression

Study Notes

Indian Constitution

Introduction

The Constitution of India is the supreme law that governs the country and outlines its political framework. It was adopted by the Constituent Assembly on November 26, 1949, and came into force on January 26, 1950. This article will delve into two essential aspects of the Indian constitution: fundamental rights and the judiciary system.

Fundamental Rights

The Indian Constitution guarantees certain fundamental rights to all citizens. These rights are outlined in Part III of the Constitution and are designed to protect individual liberty and promote social justice. Some of the most important fundamental rights include:

Right to Equality

Article 14 guarantees equality before the law for all individuals without discrimination based on religion, caste, sex, or place of birth. Article 15 prohibits discrimination on the basis of religion, race, caste, sex, or place of birth. Article 16 ensures equal pay for equal work, and Article 17 abolishes untouchability.

Protection of Life and Personal Liberty

Article 21 states that no person shall be deprived of his life or personal liberty except according to procedure established by law.

Freedom of Speech and Expression

Articles 19(1)(a) and (2) provide for freedom of speech and expression, subject to reasonable restrictions imposed by the state in the interests of public order, decency, or morality.

Right to Education

Article 21-A recognizes free and compulsory education for children between the ages of six and fourteen years.

Freedom of Religion

Article 25 guarantees the right to practice and propagate one's religion. However, this right is not absolute and may be restricted for the maintenance of public order, morality, health, or other compelling reasons.

These fundamental rights are just some examples of the protections afforded to Indian citizens under the Constitution. They serve as the foundation for a fair and just society.

The Judiciary System

The Indian judiciary is an integral part of the country's democratic structure. It plays a crucial role in interpreting the Constitution and upholding individual rights. Key aspects of the Indian judicial system include:

The Supreme Court

Article 124 establishes the Supreme Court as the highest court in India. It has original jurisdiction over disputes between different states and the central government. The Supreme Court also serves as the final appellate authority in all cases involving interpretation of federal law.

National Judicial Appointments Commission (NJAC)

Under Article 124A, the NJAC was established to ensure transparency and fairness in the appointment process of judges.

Fundamental Duty of Citizens

Article 51A outlines various fundamental duties that citizens must uphold, such as respect for the Constitution, protection of public property, and observance of laws.

Conclusion

The Indian Constitution provides a comprehensive framework for governing the nation while protecting the rights of its citizens. Its provisions for fundamental rights and a robust judicial system have been instrumental in creating a democratic society based on equality and justice.