The Constitutional Provisions Of India - 1112 Words

INTRODUCTION India has certain constitutional provisions and laws that make it obligatory for the state to provide the right to adequate housing to all its citizens. The Constitution of India is firmly grounded in the principles of liberty, fraternity, equality and justice. The list of constitutional provisions that have a bearing on the right to adequate housing including women’s and children’s rights to adequate housing, are: equality before the law or the equal protection of the laws Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15 (1)) Special provisions in favour of women and children based on the principle of protective discrimination (Article 15 (3)) Equality of opportunity in matters relating to employment or appointment to any office under the State (Article 16) Freedom to move freely throughout the territory of India (Article 19(1) (d)) Freedom to reside and settle in any part of the territory of India (Article 19 (1) (e)) Right of all citizens to practice any profession, or to carry on 9 any occupation, trade or business (Article 19 (1) (g)) Right to life and personal liberty (Article 21) DEFINITIONS Disability as defined by the Act (Person with Disability Act, 1995) covers blindness, low vision, leprosy-cured, hearing impairment, locomotor disability, mental retardation and mental illness as well as multiple disability. (l) Impairment - Missing or defective body part, an amputated Limb, paralysis afterShow MoreRelatedJudicial Review And The Indian Courts1444 Words   |  6 Pagesstate which is exercised by the courts to determine the validity of a rule of law or an action of any agency of the state. The courts have the power of testing the validity of legislative as well as other governmental action with reference to the provisions of the constitution. The judiciary tries to undo the harm that is being done by the legislature and executive and they also try to provide every citizen what has been guaranteed by the constitution. Judicial review has a more technical significanceRead MoreEssay on Reservation and The Right to Equality1674 Words   |  7 Pages15(5) which provided a right to the state to make laws for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes. The state by this amendment was given the power to make provisions or laws in relation to admission to all educational institutions except for minority educational institutions. To enforce this right The Central Educational Institutions (Reservation in Admission) Act, 2006 or the reservation act was passed. TheRead MoreArbitration1361 Words   |  6 Pages|was passed on 6 September 2012 by the Constitutional Bench of the Honble Supreme Court comprising Honble Chief Justice J.N. Patel, Justice | | |Surinder Singh Nijjar, Justice D.K. Jain, Justice Mrs. Ranjana Desai, Justice Jagdish Singh Khehar. This landmark judgment passed in Civil | | |Appeal No. 7019 of 2005 (Bharat Aluminium Co. vs. Kaiser Aluminium Technical Service, Inc.) along with 7 other Appeals lays down a new | | |foundation in India in respect of foreign arbitrations andRead MoreThe Right Of Education Act ( Rte ) Essay1471 Words   |  6 Pages Now our India has joined the group of those countries who provide for a constitutional right to free and compulsory education to its children. The RTE Act mandates that â€Å"every child of the age of six to fourteen years shall have a right to free and compulsory education in a neighbourhood school till completion of elementary education.† As per Section 12(1) of the Act, it is from within this neighbourhood that each school is to admit children belonging to EWS. This particular provision deals theRead MoreThe Definition Of Preventive Detention Essay1634 Words   |  7 Pagesprobability, of the impending commission of an act prejudicial to the state. The object is to prevent the abuse of freedom by anti-social and subversive elements. The Supreme Court in A.k.gopalan v. state of madras , explaining the necessity of provisions relating to p reventive detention observed: â€Å"This sinister-looking feature so strangely out of place in a democratic constitution which invests personal liberty with the sacrosanctity of the fundamental rights, and so incompatibleRead MoreIf The Political Party Development Act Of The Philippines1239 Words   |  5 Pageslaw making on behalf of the legislatures and senators. India’s Constitutional Amendment for Affirmative Action India’s affirmative action enshrined in their 1950 Constitution is used here to exemplify how the Constitution can be a powerful tool to promote equality of disadvantaged castes to the extent that it cannot be legally challenged and is practically irrevocable unless a Constitutional amendment is called to revise the provision on the reservation system. The Philippines could learn from thisRead MoreA Literal Reading Of The Indian Constitution1595 Words   |  7 Pagesspheres explicitly assigned to the States. Financial constraints of the states have led to the proliferation of central schemes and national missions. The all encompassing ambit of entry 20 in List III, social and economic planning provided the constitutional basis for the planned development model of the first phase. New elements of the division of powers and responsibilities have begun to assume importance, overshading to a certain extent the issues which dominated the reform agenda of the earlierRead MoreThe Case Of Unified Tele Services Providers Others V. Union Of India Essay1204 Words   |  5 PagesThe verdict in the case of Association of Unified Tele Services Providers Others v. Union of India was delivered on April 17, 2014 by a bench consisting of Justice K.S. Radhakrishnana and Justice Vikramajit Sen. The Supreme Court of India pronounced that the Comptroller Auditor General of India (â€Å"CAG†) has the power to call for an audit of the accounts of private service providers who are parties to the UAS license scheme with the Government in order to ensure that the Government was receivingRead MoreSupreme Court Standing On Section 497 Of Ipc. This Part1374 Words   |  6 PagesUnion of India and V. Revathi v Union of India. These cases will discuss about Supreme Court stand ing on adultery. ï‚ § Yusuf Abdul Aziz Vs. The State of Bombay and Husseinbhoy Laljee The first important discussion regarding the constitutional validity of the section was held in the case of Yusuf Abdul Aziz v The State of Bombay and Husseinbhoy Laljee In this case, Section 497 of the Indian Penal Code was challenged to be ultra vires the Article 14 and 15 of the Constitution of India. The SupremeRead MoreCodification Of Parliamentary Privileges- Why It Is Absolutely1396 Words   |  6 PagesCODIFICATION OF PARLIAMENTARY PRIVILEGES- WHY IT IS ABSOLUTELY NECESSARY? No law per to the provisions contained under Article 105(3)and 194(3) of the Constitution of India has been made so far with regard to the codification of the ‘other’ privileges, which is contrary to very intent and desire of the founding fathers. Even in the United Kingdom, the law with regard to the Parliamentary Privileges has undergone tremendous change since 1950, however, the Indian Legislatures have still not realized