Fundamental duties relevance and applicability

The petitioner's marital discord, and the petitioner's prayers: The petitioner-Shayara Bano, has approached this Court, for assailing the divorce pronounced by her husband - Rizwan Ahmad on From this date there is no relation of husband and wife.

Fundamental duties relevance and applicability

State of Kerala case in[note 4] the Supreme Court, overruling a previous decision ofheld that the Fundamental Rights could be amended, subject to judicial review in case such an amendment violated the basic structure of the Constitution.

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It is embodied in Articles 14—16, which collectively encompass the general principles of equality before law and non-discrimination, [34] and Articles 17—18 which collectively encompass further the philosophy of social equality.

This right can be enforced against the State as well as private individuals, with regard to free access to places of public entertainment or places of public resort maintained partly or wholly out of State funds.

51 Today’s Concept of Organizational Management CHAPTER 3 CHAPTER OBJECTIVES Define management and differentiate between the art and science of management. Review the basic functions of management. Describe the major phases of the development of organizational management. Present the concept of the work . Relevance definition is - relation to the matter at hand. How to use relevance in a sentence. relation to the matter at hand; practical and especially social applicability: . [] The dispute in Ex parte Attorney-General arose out of the terms of the Namibian Constitution which provide that there should be an Attorney-General and a Prosecutor-General. The Attorney-General is a political appointment and holds office at the discretion of the President without any security of tenure.

This exception has been provided since the classes of people mentioned therein are considered deprived and in need of special protection. It creates exceptions for the implementation of measures of affirmative action for the benefit of any backward class of citizens in order to ensure adequate representation in public service, as well as reservation of an office of any religious institution for a person professing that particular religion.

Thus, Indian aristocratic titles and title of nobility conferred by the British have been abolished.

Essay on the Fundamental Duties of India

However, awards such as the Bharat Ratna have been held to be valid by the Supreme Court on the ground that they are merely decorations and cannot be used by the recipient as a title.

Article 19 guarantees six freedoms in the nature of civil rights, which are available only to citizens of India. All these freedoms are subject to reasonable restrictions that may imposed on them by the State, listed under Article 19 itself.

The grounds for imposing these restrictions vary according to the freedom sought to be restricted, and include national security, public order, decency and morality, contempt of court, incitement to offences, and defamation. The State is also empowered, in the interests of the general public to nationalise any trade, industry or service to the exclusion of the citizens.

It was argued, especially by Benegal Narsing Rauthat the incorporation of such a clause would hamper social legislation and cause procedural difficulties in maintaining order, and therefore it ought to be excluded from the Constitution altogether. However, inthe Supreme Court in the case of Maneka Gandhi v.

Union of India extended the protection of Article 21 to legislative action, holding that any law laying down a procedure must be just, fair and reasonable, [49] and effectively reading due process into Article The person being detained also has the right to be informed about the grounds of detention, and be permitted to make a representation against it, at the earliest opportunity.

The Right against Exploitation, contained in Articles 23—24, lays down certain provisions to prevent exploitation of the weaker sections of the society by individuals or the State.

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However, it permits the State to impose compulsory service for public purposes, including conscription and community service. Parliament has enacted the Child Labour Prohibition and Regulation Act,providing regulations for the abolition of, and penalties for employing, child labour, as well as provisions for rehabilitation of former child labourers.

According to the Constitution, there is no official State religion, and the State is required to treat all religions impartially and neutrally. This right is, however, subject to public order, morality and health, and the power of the State to take measures for social welfare and reform.

Eighty-sixth Amendment of the Constitution of India and Right of Children to Free and Compulsory Education Act The Cultural and Educational rights, given in Articles 29 and 30, are measures to protect the rights of cultural, linguistic and religious minorities, by enabling them to conserve their heritage and protecting them against discrimination.

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In order to claim the right, it is essential that the educational institution must have been established as well as administered by a religious or linguistic minority. Further, the right under Article 30 can be availed of even if the educational institution established does not confine itself to the teaching of the religion or language of the minority concerned, or a majority of students in that institution do not belong to such minority.

Exercise of jurisdiction by the Supreme Court can also be suo motu or on the basis of a public interest litigation. Now it is not counted as a Fundamental Right.

Fundamental duties relevance and applicability

Directive Principles of State Policy[ edit ] Main article: Directive Principles in India The Directive Principles of State Policy, embodied in Part IV of the Constitution, are directions given to the state to guide the establishment of an economic and social democracy, as proposed by the Preamble.

The Directive Principles may be classified under the following categories: Several enactments, including two Constitutional amendments, have been passed to give effect to this provision. However, this has remained a "dead letter" despite numerous reminders from the Supreme Court to implement the provision.

The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment inupon the recommendations of the Swaran Singh Committee that was constituted by the government earlier that year. They also obligate all Indians to promote the spirit of common brotherhood, protect the environment and public property, develop scientific temperabjure violence, and strive towards excellence in all spheres of life.

Supreme court has ruled that these fundamental duties can also help the court to decide the constitutionality of a law passed by the legislature. There is reference to such duties in international instruments such as the Universal Declaration of Human Rights and International Covenant on Civil and Political Rightsand Article 51A brings the Indian Constitution into conformity with these treaties.[*]A member of the Virginia State Bar and of several United States Courts, the author received his J.D.

from Georgetown University Law Center in , and his Ph.D. in Philosophy from Florida State University in The Fundamental Duties are an important part of Indian Constitution. The duties prescribed, embody some of the highest ideals preached by our great saints, philosophers, social reformers and political leaders.

This chapter starts with a definition of strategy and goes on to describe the fundamentals of strategy in more detail.

Fundamental duties relevance and applicability

It concludes with a review of the process of strategy formulation. A trust is a three-party fiduciary relationship in which the first party, the trustor or settlor, transfers ("settles") a property (often but not necessarily a sum of money) upon the second party (the trustee) for the benefit of the third party, the beneficiary..

A testamentary trust is created by a will and arises after the death of the settlor. An inter vivos trust is created during the. JUDGMENT OF THE COURT (Grand Chamber) 6 October ()(Reference for a preliminary ruling — Personal data — Protection of individuals with regard to the processing of such data — Charter of Fundamental Rights of the European Union — Articles 7, 8 and 47 — Directive 95/46/EC — Articles 25 and 28 — Transfer of personal data to third countries — Decision //EC — Transfer.

Judgement of the Court. Delivered by. Michael Ekundayo Ogundare.J.S.C The facts of this case are simple enough. The respondent, a legal practitioner, was arrested without warrant at his residence on Tuesday, January 30 th, at about 6 a.m., by 6 men who identified themselves as operatives of the State Security Service (hereinafter is referred to as SSS) and Policemen, and taken away to the.

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