Browsing by Subject "Fundamental Rights"

Now showing 1 - 4 of 4

Open Access
The Constitution of India: as modified up to the 1st Nov 1956
(Manager of Publications, 1956) India, Government of India
Open Access
The Constitution of People’s Republic of Bangladesh - solemn expression of people’s will; a legal basis of social changes
(University of North Bengal, 2020-03) Md Arif Rayhan; Mohd. Tarajul Islam Khan
Present Bangladesh was once a part of British Empire for almost two hundred years, which became East Pakistan (a part of State of Pakistan) after separation in 1947. After proclamation of independence on 26th March 1971, Bangladesh finally emerged as independent nation on 16th December 1971 through liberation struggle, which was sparked by Bengali nationalist and self-determination movement. Constitution, which is the solemn expression of people’s will and supreme law of the Republic, was adopted on 4th November 1972 based on fundamental principles like nationalism, socialism, democracy and secularism. For the realization of aims stated in the preamble, number of fundamental rights has been incorporated in Constitution and the State is duty bound to secure such rights through democratic process. Moreover, fundamental principles of state policy were also narrated and socialist society was envisioned- setting economic, social and political goals for governance. These principles are fundamental to the governance, which shall be applied in making law, interpreting Constitution and form the basis of State’s works. Since the adoption of Constitution, several amendments have taken place till the date depending upon the changing situations, political needs and developments; still there is room left for modifications. Fundamental Principles of State Policy, Fundamental Rights and Constitutional Amendments-all these factors have great social impact for bringing social changes. This paper aims to find how these three factors influence social changes, along with their impact and acceptability; whether there remain harmony between constitutional amendments and social changes in Bangladesh and lastly, to suggest some operative measures to direct the way of social changes caused by above mentioned factors in positive way as much as possible for attaining the principle aims and ideals of the Constitution.
Open Access
Duties or Rights: Should Duties Trump over Rights?
(University of North Bengal, 2023-03) Sharma, Ajay Kr.
Narrative is emerging in India that appears to be giving primacy to the fundamental duties of the citizens over their fundamental rights. This article attempts to understand and flesh out the significance of these two, their relationship, and the interplay between them, as contextualised in our Constitutional scheme, with the help of various Supreme Court decisions. It indulges in a discussion on the pragmatic functional relationship between Parts III, IV, and IV-A of the Constitution. It also brings various significant perspectives on the ‘right-duty’ relationship to the fore, to objectively appreciate the primary importance of the fundamental rights of the citizens and the State’s duty to preserve and protect the same. It also emphasises on the importance, weighty role, and the constitutional obligations of the higher courts in preserving the Constitution and the rule of law, by providing effective redress to the aggrieved citizens who bring valid claims of their fundamental rights violations by the State organs and instrumentalities.
Open Access
Transformative Constitution and the Horizontality Approach: An Exploratory Study
(University of North Bengal, 2019-09) Sen, Shameek
The Constitution of India, especially the Fundamental Rights chapter, has played a massive transformative role in the Indian society. To quote Ananth Padmanabhan, Fundamental Rights mark “a tectonic shift in constitutional philosophy”, a fact that is universally recognised. However, the enforcement of Fundamental Rights has been predominantly vertical, owing to a tacit acknowledgement of the centrality of the State, largely because of our adherence to westernised notions of unitary sovereignty. Apart from obvious scopes for direct horizontality like in Articles 15(2), 17 and 23, the Indian judiciary has been quite reluctant to effectuate the real layered nature of the Indian sovereign model and make Fundamental Rights horizontally enforceable in general. This paper seeks to acknowledge the inherent limitations of the peremptory vision of Fundamental Rights as a negative right imposing constraints on the state; and aims to advocate a positive duty-based approach in order to fulfil the constitutional visions of a transformed society. Developing on recent works by scholars like Gautam Bhatia who have primarily tried to analyse the foundations of horizontality in the areas of non-discrimination etc., this paper seeks to also explore the possibility of such horizontality in areas like free speech, spaces where the private non-state players play a significant role in imposing regulations, which are, more often than not, extra-legal in nature. The concomitant challenges to the centrality of the State in a vertical vision of Fundamental Rights forms the centrepiece of this paper, which seeks to put forward an alternative vision of Fundamental Rights enforcement through an explicit recognition of the horizontality approach in constitutional adjudication.