Article 31 indian constitution. Article 29 2019-02-06

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What is article no. 31 in Indian constitution?

article 31 indian constitution

} No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment. Today, the need is felt to restore the right to property as a Fundamental Right for protecting at least the elementary and basic proprietary rights of the poor Indian citizens against compulsory land acquisition. But it does seem illogical and unjust to leave out majority educational institutions from the same protection, unless it was believed that majorities, deprived of their power to oppress minorities, would not wish to oppress themselves. Elaborating the same view, the Court in Francis Coralie v. The Attorney-General for India 76 Attorney-General for India.

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Article 31

article 31 indian constitution

It would be equally permissible to have an omnibus article that not withstanding anything in the Constitution, no law passed by the Parliament or any state legislature shall be deemed to be void on any ground whatsoever. To understand these better and permanently, we first need to look at its background and the important events and amendments that have led this section of Part 3 of Indian Constitution Fundamental Rights to its current state. Under the canopy of Article 21 so many rights have found shelter, growth and nourishment. The fact the present system of property as we know arises out of the peculiar developments in Europe in the 17 th to 18 thcentury and therefore its experiences were universally not applicable. That Article had the effect of virtually authorising the abrogation of the fundamental rights while they still remain ostensibly in the statute book. Second, Article 31C subordinates the fundamental rights to the Directive principles of state policy and in effect abrogated the rights as regards laws, which the legislature intends or declares to be for giving effect to the directive principles.

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What is written in Article 31C of the Indian Constitution?

article 31 indian constitution

The hole must be mended and the broken threads must be replaced so as to harmonise with the other parts of the Constitution. State of Gujarat said that right to free and fair trial not only to the accused but also to the victims, their family members and relatives, and society at large. The number of articles in the Constitution still remains 395. Article 21A {Right to education} The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine. Right Against Honour Killing A division bench of Allahabad high court, In Surjit Kumar v. While this decision conceded to the state the power to deprive a person of his property by law in an appropriate case, it was made subject to the condition that the said law should operate as reasonable restriction in public interest and be justiciable. But incarceration of persons charged with non-bailable offences during pendency of trial cannot be questioned as violative of Article 21 since the same is authorised by law.

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Constitution of India: List of All Articles (1

article 31 indian constitution

It was argued by Harish Salve, the learned counsel for the petitioners that: The right to property is made a statutory right in 1978 to abolish large land holdings with zamindars and rich and their distribution among landless peasants; Having achieved the very purpose behind the legislative action in the late 1970s, the government should now initiate fresh measures to put right to property back in the fundamental rights. The minorities would desire that their children be eligible for higher university education, the education institutions of minorities would also include the general secular education. The two rights were too remote to be connected together. Right against Exploitation 23 Prohibition of traffic in human beings and forced labour. Various amendments were made to Art.

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Article 31 of Constitution of India

article 31 indian constitution

These are meant to supplement one another. They enacted Article 39 and enjoined upon the state to break up the concentration of property in the hands of the few and its distribution among all. Unconstitutional in reality but fictional In the second case the law is unconstitutional in reality but is deemed by a fiction of law not to be so; with the result that Constitution breaking law is validated and there is a repudiation of the Constitution pro tanto. There should be a balance between fundamental rights an Directive Principles of State Policy. The Court opined that, the state acquires land in exercise of its power of eminent domain for a public purpose.


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Article 31 of Constitution of India

article 31 indian constitution

Several times since then the term of the Act was extended until it expired in 1969. In other words, the amendment bestowed upon the Indian socialist state a licence to indulge in what Fredric Bastiat termed legal plunder. The police officer shall inform the arrested person when he is brought to the police station of this right. Pre 1978 position is the position before the 44th Amendment. The Janata Party having redeemed its pledge, it was left to the Supreme Court to determine, in the light of the provisions of our Constitution, whether the pledge can be constitutionally redeemed, and if so to what extent. In other words, Article 31a of Indian Constitution was immune to Article 14 and 19 of Indian Constitution that provide for right to equality and the right to freedom respectively. The wholly irrational consequence is that whereas state legislatures cannot abridge a single fundamental right, it was now open to them to supercede a whole series of such rights.


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Article 31 of Constitution of India

article 31 indian constitution

The process clause is comprehensive and applicable in all areas of State action covering civil, criminal and administrative action. In this case, the Supreme Court further developed the right to emergency treatment, and went on to state that the failure on the part of the Government hospital to provide timely medical treatment to a person in need of such treatment results in violation of his right to life guaranteed under Article 21. She claimed that it was not her government or party's intention to weaken the judiciary. These are the minimum requirements which must exist in order to enable a person to live with human dignity and no State neither the Central Government nor any State Government-has the right to take any action which will deprive a person of the enjoyment of these basic essentials. The patient whether he be an innocent person or a criminal liable to punishment under the laws of the society, it is the obligation of those who are in charge of the health of the community to preserve life so that the innocent may be protected and the guilty may be punished.

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Article 35A of the Constitution of India

article 31 indian constitution

It is the offspring of political necessity. It was repealed by 44th constitutional amendment act in 1978. The notion of property as it has developed over centuries and it has embodies in our legal codes, has become so much a part of us that we tend to take it for granted, and fail to recognize the extent to which just what constitutes property and what rights the ownership of property confers are complex social creations rather than self evident propositions. The article 31A, B and C were added through amendments. No State Government worth the name can tolerate such threats by one group of persons to another group of persons; it is duty bound to protect the threatened group from such assaults and if it fails to do so, it will fail to perform its Constitutional as well as statutory obligations.

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Article 31A in The Constitution Of India 1949

article 31 indian constitution

It is only persons who are suspected to be habitual criminals and those who are determined to lead a criminal life that are subjected to surveillance. This is for the reason that once a matter becomes a matter of public record, the right to privacy no longer subsists and it becomes a legitimate subject for comment by press and media among others. Thus, where workers have been deemed to have the right to public employment and its concomitant right to livelihood, a hire-fire clause in favour of the State is not reasonable, fair and just even though the State cannot affirmatively provide livelihood for all. It also discusses various important amendments like the first, fourth, seventeenth, forty-second and forty fourth etc. The court held that the procedure contemplated must stand the test of reasonableness in order to conform to Art. The amendment also exempted any law giving effect to the article 39 b and c of Directive Principles of State Policy from judicial review, even if it violated the Fundamental Rights. This article provides that if while making any law which provides for the compulsory acquisition of any property of any educational institution established and administered by a minority, the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.

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Emergence and Validity of Articles 31A, 31B and 31C

article 31 indian constitution

This amendment enables the state to deprive a person of his property in an appropriate case by a law. Subodh Gopal, State of Madras v. Rape is, therefore, the most hated crime. Therefore article 31C must be declared unconstitutional. If there is no such law, the Executive cannot, of its own responsibility, detain any person in custody. Therefore, finding Zamindari Abolition Programme in danger because of these judicial pronouncements, the central government amended the Constitution and a new provision i.

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