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Showing posts with the label Articles of indian Constitution

🟢 Article 37 – Application of the Principles Contained in this Part

  🟢 Article 37 – Application of the Principles Contained in this Part English: Article 37 states that the Directive Principles of State Policy (DPSPs) are: Not enforceable by any court , meaning they cannot be demanded legally like Fundamental Rights. But they are nevertheless fundamental in the governance of the country. It is the duty of the State to apply these principles while making laws . 🟩 Key Purpose: Although not justiciable (non-enforceable in courts), DPSPs are moral and political obligations of the State. They are intended to guide the legislature, executive, and judiciary in achieving social and economic democracy . 🟦 Example: Laws related to: Equal pay for equal work Protection of environment Promotion of cottage industries हिन्दी: अनुच्छेद 37 यह बताता है कि राज्य के नीति निदेशक सिद्धांत : न्यायालय द्वारा प्रवर्तनीय नहीं हैं , यानी इन्हें कानूनन लागू नहीं किया जा सकता जैसे मौलिक अधिकारों को। फिर भी ये देश के शासन में मौलिक महत...

🟢 Article 36 – Definition of ‘State’ for Part IV (DPSP)

  🟢 Article 36 – Definition of ‘State’ for Part IV (DPSP) English: Article 36 defines the term “State” specifically for the purpose of Part IV of the Constitution, which includes the Directive Principles of State Policy . 🟩 Definition: The term “State” in Part IV shall have the same meaning as in Article 12 . ➡ That means, for applying the Directive Principles , the word “State” includes: Central Government State Governments Parliament and State Legislatures Local authorities All other authorities under Government control 🔹 This definition ensures that all governmental authorities are duty-bound to follow the Directive Principles . हिन्दी: अनुच्छेद 36 संविधान के भाग IV (राज्य के नीति निदेशक सिद्धांतों) के लिए ‘राज्य’ शब्द की परिभाषा देता है। 🟩 परिभाषा: भाग IV में ‘राज्य’ का वही अर्थ होगा जो अनुच्छेद 12 में दिया गया है। ➡ इसका अर्थ यह है कि नीति निदेशक सिद्धांतों को लागू करने के लिए ‘राज्य’ में शामिल हैं: केंद्र सरकार राज्य सरकारें संसद ...

🟢 Article 32 – Right to Constitutional Remedies

  🟢 Article 32 – Right to Constitutional Remedies 🗣️ Dr. B. R. Ambedkar called it the “Heart and Soul of the Constitution” English: Article 32 gives every citizen the right to move the Supreme Court directly for enforcement of their Fundamental Rights . 🟩 Key Provisions: Right to Constitutional Remedies: If any Fundamental Right is violated, a person can approach the Supreme Court directly. Writ Jurisdiction: The Supreme Court can issue writs for the enforcement of Fundamental Rights. Five types of writs: Habeas Corpus – “produce the body” Mandamus – “we command” Prohibition – to stop lower court from overstepping Certiorari – to transfer/review a case Quo Warranto – “by what authority” Cannot be suspended except during National Emergency (Article 359) . Also available through High Courts under Article 226 , but Article 32 is exclusive to Supreme Court . ➡ This Right is itself a Fundamental Right (Part III of Constitution). हिन्दी: ...

🟢 Article 31 – Right to Property (Repealed)

  🟢 Article 31 – Right to Property (Repealed) English: Article 31 originally guaranteed the Right to Property as a Fundamental Right , but it was repealed by the 44th Constitutional Amendment Act, 1978 . 🟥 Key Background (Before Repeal): Article 31 provided that: No person shall be deprived of his property except by authority of law. Property could be compulsorily acquired by the State for public purpose with compensation . Article 31 was often in conflict with land reform laws and Directive Principles like Article 39(b) & (c) — equitable distribution of resources. Landmark cases (e.g., Kameshwar Singh , Golaknath , Kesavananda Bharati ) debated how far the right to property could limit Parliament's power. 🟢 What happened after Repeal? Right to Property is no longer a Fundamental Right. It is now a Legal Right under Article 300A in Part XII of the Constitution. Citizens can approach High Courts , but not Supreme Court under Article 32, for viola...

🟢 Article 30 – Right of Minorities to Establish and Administer Educational Institutions

  🟢 Article 30 – Right of Minorities to Establish and Administer Educational Institutions English: Article 30 guarantees religious and linguistic minorities the right to: Establish and Administer Educational institutions of their choice. 🟩 Key Provisions: Article 30(1): All minorities, whether based on religion or language , have the right to establish and administer educational institutions of their choice. Article 30(2): The State shall not discriminate against any educational institution managed by a minority in granting aid . ➡ Who are minorities? Not defined in the Constitution, but interpreted by courts as: Linguistic or religious groups which are numerically smaller within a State (not just at national level). ➡ Key Judicial Interpretations: T.M.A. Pai Foundation Case (2002) : Clarified that State-wise basis is used to determine minority status. St. Stephen’s College v. University of Delhi (1992) : Minority institutions can have 50% r...

🟢 Article 29 – Protection of Interests of Minorities

  🟢 Article 29 – Protection of Interests of Minorities English: Article 29 protects the cultural and educational rights of any section of citizens having a distinct language, script, or culture . 🟩 Key Provisions: Article 29(1): Any section of citizens having a distinct language, script or culture has the right to conserve the same . This applies to both majority and minority communities . Article 29(2): No citizen shall be denied admission to any educational institution maintained by the State or receiving State aid on grounds of religion, race, caste, language or any of them . ➡ Important Notes: Cultural identity is protected regardless of religious or regional affiliation. It prevents discrimination in education based on identity. Often linked with Article 30, which gives minority communities the right to establish institutions . हिन्दी: अनुच्छेद 29 नागरिकों के ऐसे किसी भी वर्ग के सांस्कृतिक और शैक्षणिक अधिकारों की रक्षा करता है जिनकी भाषा, ल...

🟢 Article 28 – Freedom from Religious Instruction in Certain Educational Institutions

  🟢 Article 28 – Freedom from Religious Instruction in Certain Educational Institutions English: Article 28 deals with the right of individuals to be free from religious instruction in certain types of educational institutions. 🟩 Key Provisions: No religious instruction shall be provided in any educational institution that is wholly maintained out of State funds . In institutions recognized by the State or receiving State aid , religious instruction may be given , but: It cannot be forced. A student (or their guardian, if minor) must give consent to attend such instruction. ➡ Categories of institutions under Article 28: Institution Type Religious Instruction Allowed? 1. Wholly government-funded ❌ Not allowed 2. State-aided/recognized but not fully funded ✅ Allowed with voluntary participation 3. Private unaided institutions ✅ No restriction 4. Educational institutions administered by religious trusts ✅ Allowed under Article 30(1)** for minorities हिन्दी: अन...

🟢 Article 27 – Freedom as to Payment of Taxes for Promotion of Any Particular Religion

  🟢 Article 27 – Freedom as to Payment of Taxes for Promotion of Any Particular Religion English: Article 27 prohibits the State from compelling any person to: Pay taxes for the promotion or maintenance of any particular religion or religious institution. 🟩 Key Points: No tax can be levied if its proceeds are specifically meant to promote or maintain any particular religion. Ensures that secularism is maintained — the State will not fund or favor any religion. However, this does not prohibit the State from: Spending money for secular welfare of religious communities (e.g., scholarships to minorities). Supporting heritage preservation (e.g., maintaining old temples, mosques, or churches as cultural sites). ➡ Objective: To maintain the secular character of the Indian State and prevent misuse of public money for religious propagation. हिन्दी: अनुच्छेद 27 राज्य को किसी भी व्यक्ति को मजबूर करने से रोकता है कि वह: “किसी विशेष धर्म या धार्मिक संस्था के ...

🟢 Article 26 – Freedom to Manage Religious Affairs

  🟢 Article 26 – Freedom to Manage Religious Affairs English: Article 26 guarantees that every religious denomination or any section thereof has the right to: Establish and maintain institutions for religious and charitable purposes Manage its own affairs in matters of religion Own and acquire movable and immovable property Administer such property in accordance with law ➡ Applies to: Religious denominations (e.g., Hindus, Muslims, Sikhs, Jains, Christians) and sub-sects (like Shaivites, Vaishnavites, Shias, Sunnis) Both citizens and non-citizens (as part of religious communities) ➡ Limitations: Subject to public order, morality, and health Administration of property can be regulated by the State by law State can ensure transparency and social reform in management (e.g., temple trusts) ➡ Key Judgments: Shirur Mutt Case (1954) : SC held that a religious denomination has autonomy in managing religious affairs. Sabarimala Case (2018) : Tension be...

🟢 Article 25 – Freedom of Conscience and Free Profession, Practice and Propagation of Religion

  🟢 Article 25 – Freedom of Conscience and Free Profession, Practice and Propagation of Religion English: Article 25(1) guarantees to every person: Freedom of conscience and the right to freely profess, practice, and propagate religion. 🟩 Key Rights under Article 25: Freedom of Conscience : Right to believe in any religion or not believe at all. Profess : To declare one’s religion openly. Practice : To follow rituals, customs, and worship. Propagate : To spread one’s religion to others (but not force conversion). ➡ Restrictions under Article 25(2): These freedoms are subject to: Public order Morality Health Other Fundamental Rights The State can regulate: Economic, financial, political, or secular activities related to religion. Social welfare reforms (like abolishing untouchability or temple entry laws). ➡ Applies to: All persons – citizens and non-citizens alike. हिन्दी: अनुच्छेद 25(1) प्रत्येक व्यक्ति को यह अधिकार देता है: “धार्मि...