How has the universal declaration of human right influenced the making...
The Constitution of India was drafted by the Constituent Assembly on 9th December, 1946 and after long discussions and debates by the foremost legal luminaries and thinkers of our country the draft Constitution was finally adopted on 26th November, 1949. The framers of the Indian Constitution were influenced by the concept of human rights and guaranteed most of human rights contained in the UDHR. The UDHR contains Civil and Political as well as Economic Social and Cultural rights. While Civil and Political rights has been incorporated in Part III of Indian Constitution i.e. Fundamental Rights, as Economic Social and Cultural rights have been incorporated in Part IV of the Constitution i.e. Directive Principles of States Policy. The inclusion of important provisions of UDHR in the Constitution of India has given them supremacy over all other statutory provisions.
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How has the universal declaration of human right influenced the making...
Introduction:
The Universal Declaration of Human Rights (UDHR) has had a significant influence on the making of the Indian Constitution. The UDHR, adopted by the United Nations General Assembly in 1948, laid down a set of fundamental rights and freedoms that are inherent to all individuals. It served as a guiding framework for several democratic countries, including India, in formulating their own constitutions. The Indian Constitution, adopted in 1950, reflects the principles enshrined in the UDHR and incorporates many of its provisions.
Influence on Fundamental Rights:
The UDHR greatly influenced the inclusion of fundamental rights in the Indian Constitution. The Constitution of India guarantees various fundamental rights to its citizens, such as the right to equality, right to freedom of speech and expression, right to freedom of religion, right to protection from discrimination, and right to life and personal liberty. These rights are in line with the principles outlined in the UDHR.
Equality and Non-Discrimination:
The UDHR's principle of equality and non-discrimination influenced the Indian Constitution's provisions on equality. Article 14 of the Indian Constitution guarantees equality before the law and equal protection of the law to all individuals. It prohibits discrimination on various grounds, including religion, race, caste, sex, and place of birth. This provision reflects the spirit of the UDHR's Article 2, which prohibits discrimination based on any distinction.
Freedom of Speech and Expression:
The UDHR's emphasis on freedom of speech and expression influenced the Indian Constitution's provisions on the same. Article 19 of the Indian Constitution guarantees the right to freedom of speech and expression, subject to reasonable restrictions. This right allows individuals to express their opinions and ideas freely, aligning with the principles of the UDHR's Article 19.
Right to Life and Personal Liberty:
The UDHR's recognition of the right to life and personal liberty influenced the Indian Constitution's provisions as well. Article 21 of the Indian Constitution guarantees the right to life and personal liberty, which includes various aspects such as right to privacy, right to live with dignity, and protection from arbitrary arrest and detention. These provisions align with the principles of the UDHR's Article 3, which recognizes the right to life, liberty, and security of person.
Conclusion:
The Universal Declaration of Human Rights has had a profound influence on the making of the Indian Constitution. It has shaped the provisions related to fundamental rights, equality, non-discrimination, freedom of speech and expression, and right to life and personal liberty. The Indian Constitution reflects the principles and values enshrined in the UDHR, thereby ensuring the protection and promotion of human rights in India.
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