Integrity Score 240
No Records Found
No Records Found
Postscript
Terrorism and Human Rights in the India's Constitutional Framework*
1. Introduction
The Constitution of India is considered a living instrument, one that can be adapted and amended according to socio-economic developments in society within the framework of the Preamble to the Constitution given to us by the Freedom loving peoples of our nation. It contains 447 Articles divided into 26 Parts and 12 Schedules. The Preamble, Part III of the Constitution consisting of Fundamental Rights, Part IV comprising Directive Principles, and Part IV (A) containing Fundamental Duties, constitute the Human Rights framework of our Constitution.
The Preamble part of the Basic Structure of the Constitution sets out the aims and aspirations of the people during the Freedom struggle that have been translated into various provisions of the Constitution.
Thus,Fundamental Rights contained in Part III of the Indian Constitution are enforceable or justiciable rights. This implies that, upon violation or denial of those Rights, a citizen is entitled to the constitutional remedy contained in Article 32. But Constitution also mandates Government to impose “Reasonable Restrictions” on Fundamental Rights, even on the Right to Free Speech.
Under Article 368, provisions of the Constitution can be changed or amended or struck downby means of an Amendment. Since it came into effect in 1950, there have been no fewer than 103 Amendments to the Constitution. Terrorism thus has to be combated within the boundaries of ‘reasonable restriction’ on Fundamental Right in the Constitution. Otherwise than on reasonable restrictions Human Rightsare Fundamental Rights that prevails.
Directive Principles, contained in Part IV of the Constitution, aimed at welfare of citizens based on justice in social, political, and economic life. Article 37 of the Constitution holds these Directive Principles as fundamental for governance of the country and the State shall apply these principles in making law.
Fundamental Duties are contained in Part IV A of the Constitution and were added to the Constitution by way of the forty second amendment in 1976.
To be continued....
( This account is maintained by Har Anand Publication)