fundamental rights are included in the freedom of speech and expression part of the indian constitution.
fundamental rights are included in the freedom of speech and expression part of the indian constitution.
fundamental rights are included in which part of indian constitution?
freedom of speech and expression
in 1967, the supreme court reversed its earlier decisions in "golaknath v. state of punjab". a bench of eleven judges (the largest ever at the time) of the supreme court deliberated as to whether any part of the fundamental rights provisions of the constitution could be revoked or limited by amendment of the constitution. the supreme court delivered its ruling, by a majority of 6-5 on 27 february 1967. the court held that an amendment of the constitution is a legislative process, and that an amendment under article 368 is "law" within the meaning of article 13 of the constitution and therefore, if an amendment "takes away or abridges" a fundamental right conferred by part iii, it is void. article 13(2) reads, "the state shall not make any law which takes away or abridges the right conferred by this part and any law made in contravention of this clause shall, to the extent of contravention, be void." the court also ruled that fundamental rights included in part iii of the constitution are given a "transcendental position" under the constitution and are kept beyond the reach of parliament. the court also held that the scheme of the constitution and the nature of the freedoms it granted incapacitated parliament from modifying, restricting or impairing fundamental freedoms in part iii. parliament passed the 24th amendment in 1971 to abrogate the supreme court ruling in the golaknath case. it amended the constitution to provide expressly that parliament has the power to amend any part of the constitution including the provisions relating to fundamental rights. this was done by amending articles 13 and 368 to exclude amendments made under article 368, from article 13's prohibition of any law abridging or taking away any of the fundamental rights. chief justice koka subba rao writing for the majority held that:
basic structure doctrine
the experiences of the second world war, the unsatisfactory montagu–chelmsford reforms of 1919, and the rise to prominence of m. k. gandhi in the indian independence movement marked a change in the attitude of its leaders towards articulating demands for civil rights. the focus shifted from demanding equality of status between indians and the british to assuring liberty for all indians. the commonwealth of india bill, drafted by annie beasant in 1925, specifically included demands for seven fundamental rights – individual liberty, freedom of conscience, free expression of opinion, freedom of assembly, non-discrimination on the ground of sex, free elementary education and free use of public spaces. in 1927, the inc resolved to set up a committee to draft a "swaraj constitution" for india based on a declaration of rights that would provide safeguards against oppression. the 11-member committee, led by motilal nehru, was constituted in 1928. its report made a number of recommendations, including proposing guaranteed fundamental rights to all indians. these rights resembled those of the american constitution and those adopted by post-war european countries, and several of them were adopted from the 1925 bill. several of these provisions were later replicated in various parts of the indian constitution, including the fundamental rights and directive principles.
fundamental rights, directive principles and fundamental duties of india