Abstract
The history of India and its Constitution is writ in superlatives. From the longest text to the largest democracy, the six decades since India became a republic have been eventful ones. In 2011, it has the world's greatest backlog of pending cases1, and a Supreme Court so strident and contradictory that reducing that dubious statistic will be no easy task. For a 2 nation that ranks very low on virtually every single human development index , the access to the most basic rights becomes an insurmountable task. The right to food, shelter and clothing were read into the provision that recognizes the right to life of every individual (Article 21), but even that was some time coming.3 In express terms at the inception, accommodation was made in the Constitution for certain so-called Tundamental Rights', broadly covering four segments individual equality, individual liberty, individual civil rights, and community right to faith and education.4 A violation of any of these rights could be agitated directly in the Supreme Court courtesy Article 32 of the Constitution which guaranteed such a protection. The unprecedented insertion of a provision (Article 13) that permitted the courts to declare a duly enacted law void on the ground that it breached any one or other of the Fundamental Rights was the first sure step in the direction of true judi-
Highlights
The history of India and its Constitution is writ in superlatives
The right to food, shelter and clothing were read into the provision that recognizes the right to life of every individual (Article 21), but even that was some time coming.[3]
In express terms at the inception, accommodation was made in the Constitution for certain so-called ‘Fundamental Rights’, broadly covering four segments – individual equality, individual liberty, individual civil rights, and community right to faith and education.[4]
Summary
Ever since civilization began many millennia ago, the quest for accumulation has been ingrained in man’s avarice. “Property in land seems to consist in the exclusive use and absolute disposal of the powers of the soil in perpetuity, destroy the soil where such act is possible These privileges combined form an abstract idea of property which does not represent any substance distinct from these elements. Raiyatwars, zamindars, talukdars, janmis and jagirdars predominated, with Inams and Muafis serving the same purpose, albeit without the payment of land revenue.[10] British rule brought with it first certain permanent settlements and grants in perpetuity, but without any explicit recognition of a Constitutional right to property. The voices raised in criticism of the decision, and this led to the Thirteenth, Fourteenth and Fifteenth Amendments after the Civil War. 9 Mountstuart Elphinstone, History of India, New Delhi 2002, p.137 All these expressions refer to the various forms to land holdings in British India. A few of these are the Indian Penal Code of 1860, the Evidence Act of 1872, the Indian Contract Act of 1872, the Carriers Act of 1865 and the Easements Act of 1882
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
