Quick Answer: What Is The Article 39?

What is Article 41 of the Constitution?

The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want..

What is the 14th Amendment say?

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Is right to property justiciable?

India is a unique case study for evaluating this tension because at the time of its adoption in 1950, the Indian Constitution constitutionalised both civil and political rights like the right to property and social and economic rights, but only made the former justiciable.

What is Article 31c?

Article 31-C “Notwithstanding anything contained in Article 13, no law giving effect to the policy of the state towards securing [all or any of the principles laid down in Part IV] shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by [Article 14 …

What does Article 12 say?

“Definition in this part, unless the context otherwise requires, the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.”

What is Article 39 B and C?

What is Article 39(c)? The State shall, in particular, direct its policy towards securing: that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.

What does Article 36 say?

(1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.

What is difference between Dpsp and fundamental rights?

Hemant Singh. Fundamental Rights are justifiable and enforceable rights while directive principles are non -justifiable and cannot override fundamental rights. Fundamental rights provide political rights whereas social and economic rights are provided through DPSP.

What is Article 32 of the Constitution of India?

Article 32 of the Indian Constitution enshrines this provision whereby individuals may seek redressal for the violation of their fundamental rights. … constitutional weapons, known as ‘writs’, for the enforcement of such rights.

What is Article 39 A of the Indian constitution about?

Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society and ensures justice for all. … In every State, a State Legal Services Authority and in every High Court, a High Court Legal Services Committee have been constituted.

What is the Article 45?

Article 45 Provision for free and compulsory education for children. The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.

What is Article 31 B?

Article 31B stipulates that no legislation or provision of any law in the Ninth Schedule shall be deemed to be void, for being inconsistent with, or takes away or abridges any of the Fundamental Rights.

What is Article 243 of the Indian constitution?

Article-243 A. Gram Sabha. – A Gram Sabha may exercise such powers and perform such functions at the village level as the Legislature of a State may, by law, provide. Article-243B.

Which provisions of the Constitution are non justifiable?

Directive Principles of State polices are not enforceable in the court of law. They are non-justifiable bearing in mind that the state may not have resources to execute them. They are all novel values that allow the state to establish a welfare state with live constitutional ideals.

What does Article 37 say?

Article 37 mainly addresses issues relating to children in conflict with the law (or ‘youth justice’). It refers to a number of rights: No child shall be subjected to torture, cruel, inhuman or degrading treatment or punishment. No child should be unlawfully arrested or detained.

What is the Article 46?

The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.

What does Article 42 say?

Article 42 of the Constitution is a non-government organization operating in the sphere of protection of human rights facilitating the protection of civic and political rights and freedoms, as well as protection of other fundamental rights recognized by international law; harmonization of state policy and national …

In which article the Panchayati Raj is situated?

The passage of the Constitution (73rd Amendment) Act, 1992 (or simply the Panchayati Raj Act) marks a new era in the federal democratic set up of the country.

Which right of Indian citizen can be enforced by the court?

Part III of the Indian Constitution guarantees “fundamental rights” to all citizens, and some of these, like the right to life (art. 21) and the right to equality (art. 14), to all persons. The fundamental rights are enforceable in the High Courts and the Supreme Court.

What is the Article 40?

Article 40 of the Constitution which enshrines one of the Directive Principles of State Policy lays down that the State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.

What is Article 21a of Indian Constitution?

The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.