LEGAL RIGHTS IN INDIA Under Article 13, considered to be fundamental rights or legal rights, govt. can't make law against it,



Introduction  –

Good education is the criterion of good democracy because good education makes you feel all the time that we are the king in democracy, we can change the system as we want by our elected representative. In a society where there is inequality, poverty, there is a lack of education in that society and lack of education, what are your rights to you? Deprived of it.

Our problem is, we get an education to get a job, we do not know that we have to use our education to control the system. So today our topic is Legal Rights, Constitutional Rights and Legal Rights which we have to live every day. One does not get the feeling of living in the society and living with the system of democracy.

The reason for this is that we do not know what are the rights of being citizens in our democracy and how we have to use them. Therefore, today’s topic of ours will try to give you detailed information about what your rights are and how to get it. The representatives that we send to the states at the center to make laws, how we have to control them, how to get the rights of our interests made from them, what are the duties of the law and order of the country in normal life and what are our rights.

Right to speak, Right to do business, Right to form an organization, Right to protest peacefully if any law is being made in Parliament against the interest of society, We buy goods and services from the market in the society in which we live. Hey, what are your rights in this, we also want to know here.

Before the implementation of our constitution, British laws were in force, under which people who opposed their system were put in jail, this does not happen in a democracy, our constitution has given some duties to those who run the system, under which they have to deal with society. Also work for the benefit of the society.

History of Legal Rights –

Before the advent of democracy, there was a monarchy in all the countries in the world, in which the king used to decide how the law should be, if the king is thinking of the welfare of the society, then it is fine, but if the king is thinking about his own interest, then the subjects are nothing. there was a ban on protesting. Monarchy and theocracy ruled the society together for thousands of years and decided what is morality, under this, what we see today, equal rights, equal treaty, it was not in those times that kings and religion used to decide.

Who should study, who should do business, it was not up to us, it was decided by the king and religion, so the society was only the subjects who had to follow the rules of the king and religion, he did not have the right to explain whether he was right or wrong. Used to have. The foundation of modern democracy was due to the awakening of the countries in the western, when people like Martin Luther started questioning religion about morality and rights of citizens and from this consciousness like freedom of person, freedom of speech was born in western countries .

The first foundation of democracy was laid in America in 1776 and the world got to see the first written constitution in which the rights of the people were set. Earlier in England, the system of running monarchy and democracy together was created. One of the problems faced by western countries was that they did not feel free to sell to the people and in that also sell the people of African countries and consider them property.

Gradually, the rights of citizens and democracy was developed and 100 years after the independence of America, the white citizens of Africa got freedom from slavery. In India, our saints fought for this, opposed the social evils, it was nothing but a struggle for the rights of citizens. After that we saw the struggle with the British power, that too was a fight for our right to freedom, in this way the foundation of democracy was laid.

Constitutional Rights of Citizens –

After gaining independence from the British power, the constitution laid down the constitutional rights of democracy to us in writing, under which the government and the law and order will not have the right to abolish these rights. After the implementation of the constitution, the purpose of democracy, the interest of the society, the interest of the citizens, the whole system will work for this.

Under Article 13, the rights given to citizens, which are considered to be fundamental rights, no government can make any law against it, for this provision were made in the constitution and the judiciary was given the responsibility of monitoring it, which we call Legal Rights..

Fundamental Rights –

Part – 3

Article 12 – Here the explanation of what will be the state of India has been given, in which the central government, state government, local institutions, every system of India, which is constitutionally made, it has been explained, because the rights of citizens are given by these systems. That’s why you need to know this.

Article 13 –

1) All the laws in India before that, if they are inconsistent with this part of the constitution, then such laws are declared void as soon as the constitution comes into force. Accordingly, as the cases kept coming in the court, which laws were inconsistent in this, they have been declared void. In future also, if such laws are in existence, even today, then by interpreting them, the judiciary will have to make these laws voids.

2) After the coming into force of the Constitution, the Parliament of the country and no legislature of the states shall make such laws which are inconsistent with the fundamental right.

3) What will be the interpretation of the law, it has been told in which ordinances, orders, social practices, notifications etc.

4) It was later amended and taken into the constitution, under which the right to amend the law was protected under Article 368.

Article 14 –

All citizens will be equal before the law and everyone has the right to get the protection of the law in an equal way, under this, it is the guiding element to all the government systems which will remain infallible, which you can also call duty.

Article 15 –

1) No authority of the State, any citizen of the country shall discriminate against any citizen of the country on grounds of caste, religion, color, sex and place.

(2) No authority or any citizen of the State shall discriminate against any citizen of the country on account of caste, religion, color, sex and place in the circumstances given below.

  • You cannot discriminate against going to any shop, going to any public hotel, going to any public entertainment place.
  • There will be no such discrimination in public places which are run with government money.
  • No part of the Constitution can stop the Parliament to make special laws for women and children.
  • No article of the constitution can stop the weaker section of the society who are socially educationally weak to bring them equal in the society.
  • Any article of the constitution for the weaker sections of the society, who are socially educationally weak, they will have the right to make laws related to education in the society, whether it is run by government expenditure or private. Leave the institutions and make laws.

Article 16 –

1) No citizen of India shall be denied a job in any government institution, this is the same right of equal treaty under which the right to get a job has been given.

2) No government institution of the State shall discriminate against any citizen on grounds of caste, religion, colour, sex and place where he works.

3) Nothing in the Constitution can prevent the Parliament from making laws for employment and appointments in the interest of these classes.

4) No article of the constitution can prohibit the socially and educationally backward people of the society from giving reservation by making laws so that justice can be done to those who are not adequately represented in the system.

4A) No Article of the Constitution can prohibit Scheduled Castes and Jamaatis from making laws for reservation in promotions.

Article 17 –

Under this article, which was going on in the society before the implementation of this constitution, under which the rules of untouchability were imposed on some sections of the society and according to that they had to live in the society, it was banned and from today all citizens shall be the same and whoever follows these practices shall be deemed to have committed a punishable offense.

Article 18 –

Under this article, the old posts which were given to some people of the society, which are called titles, were canceled and the posts given by the Government of India will be considered as legal.

Article 19 –

This is the most important article of the constitution, which brought revolution in all the societies of the world, under which the rights of the individual were given to the citizens. The right to speak the truth without any coercion, the right to assemble peacefully, the right to form associations, the right to travel anywhere in the country, the right to do business, etc.

Article 20 and 21 –

This article has been made for what should be the rights of citizens in any criminal case, under which education cannot be done twice for any crime, no person can be eligible for education by his own statement. Under no system can misuse the law.

In this way, many important provisions have been made, under which citizens can get protection from the misuse of the system and the people considered at the lower level of the society can get a chance to come in equal measure, for this, the fundamental rights are secured to the citizens, some restrictions on it. There are also those under which the fundamental rights which are against the interest of the society are given priority at that time, only what should be the morality in it must be seen, otherwise the mistakes that have been made in history can be repeated again.

Protection of Articles 32 and 226 to protect the rights of citizens –

If the fundamental rights of any citizen are restricted by any system of the government or by any society, he can directly go to the High Court or the Supreme Court and get his rights from the court. For this, every citizen of the country can get his rights by going to the Supreme Court under Article 32 and the High Court under Article 226.

Article 32 It is only to protect the fundamental rights, but article 226 it protects all the constitutional rights along with the fundamental rights. The important difference in this is that the right under Article 32 should be taken into consideration by the Supreme Court as well, it is not a binding factor for Article 226, if the High Court feels that it is a waste of the court’s time, then it rejects it. Might as well.

Consumer Protection Law –

This law protects citizens for the purchase of goods and services in the market, in which fraud is to be avoided, for this, the Consumer Protection Act has been made, under which if any goods or services cause harm to you, then it will be compensated for damages and the seller will be punished. This provision is to punish for Earlier this law was made in 1986, which was recently changed to make a new law, some special provisions of the Consumer Protection Act 2019 which has been implemented from July 2020 are given further.

  • Under this law, it gives protection against things that can cause damage to life and property.
  • It will be binding on the customer to give complete information about the goods or services such as quality, weight, expiry etc. to the seller.
  • If there is some defect in the goods or services, then the customer will have the right to get the other goods or services.
  • Earlier, there was no authority before going to court to protect the rights of the customer, which was established under this law named as Central Consumer Protection Authority under which the complaint would be looked into.
  • The Regulatory Authority is empowered to cancel the seller’s license if the seller is found guilty.
  • The Consumer Disputes Redressal Commission has been set up at three levels, whose dispute amount has been reduced to one crore at the lower level, 10 crore at the state level and above 10 crore at the central level.
  • At the time of the earlier Consumer Protection Act, there were no online services, which have been made keeping the provisions under consideration in this law.
  • Customers can make complaints by visiting the official website of the Consumer Forum or by visiting the accounts of the Consumer Forum available on different social media.

The Responsibility of government organization for the safety of citizens / LAW OF TORT –

In legal rights, this very important right has been given by democracy to the citizens, under which, if you are harmed by the government system, then we get to see many cases of giving compensation to the government system, but no special law for this till date. Even the government has not dared to form.

If this becomes a law, then civil and criminal provisions can be made for the delay in the judicial process, delay in government work, or the loss of citizens due to the misuse of the law, but for this the public should be aware of it. So that the government can be pressured to make this law.

Many people in the society have any such right, they are not aware of it. Tort law is built in developed countries on this principal that even the government can err. In the monarchy it was said “KING CANNOT DO ANYTHING WRONG” the king can never make any mistake, there was a monarchy on this principle, but in a democracy, the government can also make a mistake, so the right of citizens is harmed by the mistake of the government system, then the article for that Security has been given under 300.

Conclusion –

The Constitution whose Directive Principles of State Policies is not under pressure to enforce the government, that is, they are not ENFORCEABLE. As there are fundamental rights, it is understandable how much influence the majority society has on the government. The framer of the Constitution had said about it in the Constituent Assembly that it would act as an election manifesto for any political party to go to the election, on which the public would choose the government on the performance of the Directive Principles State Policy.

This means it is the guiding element of how any government should run the system. The purpose of writing this article Democracy is not limited only to vote or celebrate 15th August and 26th January, it is our duty 24/7 to reach every article of the constitution to the people so that an ideal democracy is established, there should be no disparity And everyone should get equal justice. This will be possible only when all citizens understand what their rights are.


Leave a Comment

Your email address will not be published. Required fields are marked *