Social Sciences, asked by anu7319, 1 year ago

four non justifiable rights of citizens of india

Answers

Answered by davanubha
15

ir B N Rau , the Constitutional Advisor to the Constituent Assembly, recommended that the rights of an individual should be divided into two categories- justiciable and non-justiciable, which was accepted by the Drafting Committee. Consequently, the Fundamental Rights, which are justiciable in nature, are incorporated in Part III and the Directive Principles, which are non-juscticiable in nature, are incorporated in Part IV of the Constitution.


The Fundamental Rights are justiciable because when violated the aggrieved individual can move the courts for their enforcement. A mere declaration of the Fundamental Rights in the Constitution is meaningless, useless and worthless without providing an effective machinery for their enforcement, if and when they are violated. Hence, Article 32 confers the power on the Supreme Court to protect and defend the Fundamental Rights of the people. An aggrieved individual can directly go to Supreme Court or High Courts for the enforcement of the Fundamental Rights. The Supreme Court or High Courts have the power to issue directions or orders or writs for the enforcement of any of the Fundamental Rights.


Now, the Directive Principles are non-justiciable in nature because they are not legally enforceable by the courts for their violation. Therefore, the government cannot be compelled to implement them. They were made non-justiciable because they try to establish economic and social democracy in the country, so to implement them lots of resources were required which India did not have at the time of independence. With time, Directive Principles can be made justiciable or converted to Fundamental Rights like Right to Education which was made a Fundamental Right in 2002 (earlier it was a Directive Principle).

Answered by gayatrikumari99sl
0

Answer:

  • Non-justiciable rights are those that cannot be contested in court or that are not subject to judicial review if violated.
  • In other words, any rights that go beyond the bounds of fundamental rights are not subject to the rule of law.

Four non justifiable rights of citizens of India :

  • Equal protection of the law and equality before the law are implied by the right to equality inside Indian territory. No individual is superior than the land.
  • The right to freedom grants some beneficial rights to further the goal of liberty. The most significant aspect is that all citizens were given six freedoms.
  • The Indian Constitution protects each person's dignity from being exploited in any way, whether it is by the state or society.
  • The Indian Constitution's passage of the right to religious freedom also defined India to be a secular state that upholds a policy of neutrality and impartiality toward all religions. In India, there is no official religion.

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