Question

the Indian Constitution protects the rights of children ,women ,minorities and weaker sections elaborate on the basis of a case study
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Answer 1

Answer:

Indian Constitution :

Indian Constitution protects the rights of children ,women ,minorities and weaker sections elaborate on the basis of a case studyIndiaIndia, also known as Bharat, is a Union of States. It is a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government. The Republic is governed in terms of the Constitution of India which was adopted by the Constituent Assembly on 26th November, 1949 and came into force on 26th January, 1950. The Constitution provides for a Parliamentary form of government which is federal in structure with certain unitary features. The constitutional head of the Executive of the Union is the President. As per Article 79 of the Constitution of India, the council of the Parliament of the Union consists of the President and two Houses known as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). Article 74(1) of the Constitution provides that there shall be a Council of Ministers with the Prime Minister as its head to aid and advise the President, who shall exercise his/her functions in accordance to the advice. The real executive power is thus vested in the Council of Ministers with the Prime Minister as its head.Scholars attribute the Indian Constitution’s endurance to its design and the care with which it was crafted. Starting before independence in 1946, an elected constituent assembly of nearly 300 members spent four years debating and defining every. Every state has a constitution of its own, like every game having some rules of its own. Football has one set of rules and the cricket has a different set of rules. These rules for the state are called the constitutions. These rules are there to fix the structure of the supreme government. Every state must have a constitution, since every state functions on the basis of certain rules and principles.

In the broadest sense, a constitution is the fundamental body of rules governing the affairs of an organised group. Thus a parliament, a church, a social club or a trade union may operate under the terms of a formal written document called the constitution.The provisions made in the constitution are considered to be basic. So the presiding officer of a club must hold that a proposal is out of order if it runs contrary to the provisions of its constitution.

Every national state has a constitution for the purpose of operating its important institutions according to some fundamental body of rules. In that sense, the only alternative to a constitution is a jungle life or a condition of anarchy.

The constitution is the fundamental law that not only determines the powers and responsibilities of the state but reflects the will of the people also. For R. M. MacIver, constitution is “that law which governs the state and which represents the will beyond that of the state.”

To Theodore Dwight Woolsey, it is a “Collection of principles according to which the powers of the government and the rights of the governed are determined and the relation between the two adjusted”.

Albert Venn Dicey’s definition of the constitution is “All rules which directly or indirectly affect the distribution or the exercise of sovereign power in the state”. Herman Finer’s concept of the constitution is precise –

“A system of fundamental political institution”.

The accumulated material and the spiritual circumstances of the time are mirrored through the constitution. The political philosophy of the people and their time are reflected through the constitution. With the change in the philosophy of the people the constitution also changes. The constitution is the key to the forms of government.

Explanation:

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Answer 2

Rights of Women:

The Constitution of India not only grants equality to women but also empowers the State to adopt measures of positive discrimination in favour of women for neutralizing the cumulative socio economic, education and political disadvantages faced by them. Fundamental Rights, among others, ensure equality before the law and equal protection of law; prohibits discrimination against any citizen on grounds of religion, race, caste, sex or place of birth, and guarantee equality of opportunity to all citizens in matters relating to employment. Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c) and 42 of the Constitution are of specific importance in this regard.

Rights of Children:

The first step to fulfill the rights of children can be found in the constitution of India and second one is Directive Principles of State Policy.

Fundamental Rights are justifiable in a court of law and are negatives that prohibit the states from doing thing. The courts are bound to declare a law as invalid if it violates a fundamental right. Directive principles are positive suggestions for states, and are not justifiable in a court of law.

Fundamental Rights

• Article 14- The State shall not deny to any person equality before the law or the equal protection of laws with in the territory of India.
• Article 15- The State shall not discriminate against any citizen..Nothing in this Article shall prevent the State from making any special provisions for women and children.
• Article 21-No person shall be deprived of his life or personal liberty except according to procedure established by law.
• Article 21 A-The State shall provide free and compulsory education to all children of the age of 6-14 years in such manner as the State may, by law, determine.
• Article 23-Traffic in human beings and beggary and other forms of forced labor are prohibited and any contravention of this provision shall be an offense punishable in accordance with the law.
• Article 24-No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
• The Constitution (86th Amendment) Act was notified on 13th December 2002, making free and compulsory education a Fundamental Right for all children in the age group of 6-14 years.

Directive Principles

• Article 39(e) and (f) provides that the State shall, in particular, direct its policy towards securing to "ensure that the health and strength of workers, men and women and the tender age of children are not abused" and "that the citizens are not forced by economic necessity to enter avocations unsuited to their age or strength" and that "the children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity" and that the childhood and youth are protected against exploitation and against moral and material abandonment.
• Article 45- The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.
• Article 47- The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties
• Article 243G read with Schedule 11 - provide for institutionalization of child care by seeking to entrust programmes of Women and Child Development to Panchayat (Item 25 of Schedule 11), apart from education (item 17), family welfare (item 25), health and sanitation (item 23) and other items with a bearing on the welfare of children.

Rights of Minorities:

Constitutional right accorded to Minorities

Right of a minority to establish educational institutions –

(a) Article – 30 –

Article – 30(1) gives the linguistic or religious minorities the following two rights:

(a) The right to establish, and

(b) The right to administer educational institutions of their choice.

Article – 30(2) bars the state, while granting aid to educational institutions, from discriminating against any educational institution on the ground that it is under the management of a linguistic or a religious minority. It mandates that in granting aid to educational institutions, the state shall not discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.

Rights of Weaker Sections:

Constitutional provisions like Article 14. 15 and 16 ensures that there is not discrimination against weaker section, and if possible, State can take help of positive discrimination to improve the politico-economic situation of weaker section of society. And on this basis reservation for weaker class like SC/ST , women etc is provided in public employment, educational institutions, and legislature at different levels.

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