GOVERNOR- APPOINTMENT AND POWERS (ARTICLE: 153-161)
-By Arthita Halder, BBA LL. B(HONS.)
GOVERNOR- APPOINTMENT AND POWERS (ARTICLE: 153-161)
-By Arthita Halder, BBA LL. B(HONS.)
Ritisha Mahajan
India Constitution is very vast. And It was made by the guardians of constitution mainly the father of constitution ; Dr. BR. Ambedkar. The constitution of India consists of 395 articles in 22 parts and 12 schedules and It has been amended 104 times till now. Constitution is helpful to provide justice to every citizen of India as it contains provisions regarding rights of every citizen, powers of the judiciary system, powers of the state and government, powers of the constitution, also include parliamentary system in short include all the provisions regarding Executive, judiciary and legislative system. But mainly it includes the born free rights which is available to every citizen. These born free rights are also known as fundamental rights. Fundamental rights are included in part III of the constitution. These rights are basic human rights which are provided to every citizen. This right proves the democracy of our country. Article 12 to 35 of our constitution deals with Fundamental rights.
There are six fundamental rights mentioned in our constitution are:-
• Right to Equality- Article 14-18
• Right to Freedom – Article 19-22
• Right against Exploitation – Article 23-24
• Right to Freedom of Religion- Article 25-28
• Cultural and Educational Rights -Article 29-30
• Right to Constitutional Remedies -Article 32
Right to property was also included in this fundamental rights but the right was removed from the list of by the 44th constitutional ammendment. This was because this right was the hindrance towards attaining the goal of socialism and redistributing wealth (property) equitably among the people . Since then The right to property is now a legal right and not a fundamental right. The fundamental rights are the most important part of the constitution. These rights are regulated by the constitution of India. Without this there will be no democracy in the nation. These are the backbone of the constitution. All the laws which violates the rights of the constitution are always considered as void. If any citizen finds that his/her rights are violating by state authority or any citizen that he/she can move to the court. These rights helps to develop the nation. This rights helps to develop society and individual. These rights gives the citizen to speak up as they have the right to Freedom of speech and expression. These rights enables the citizens of India to live their life freely. These rights makes the citizens to ask questions to the government. These rights acts as a safeguard to the citizens of India.These rights enables to easily follow their religion according to their choice. This rights also include reservation which helps to bridge the gap on the basis of financial, Social and economic backgrounds. And these rights should be known to every citizen so that if they feels that their any kind of right is infringing than they can move freely to the court. And we can see that how fundamental rights are always treated at the 1st position in our democracy.
There are recent examples in which citizen have come before the court to acknowledge their rights these are:-
1) In 2018 section 377 or Indian Penal Code was declared unconstitutional because it hinders LGBTQ community to have sexual intercourse against the nature. So it infringes the rights of LGBTQ community as it violates the article 14, 15 , 19(1) (a), and 21 of Indian constitution. Many cases were brought before the court to get justice but in 2018 section 377 decriminalized by the case Navtej Singh Johar vs Union of India.
2) There is temple name sabrimala temple in Kerala of lord Vishnu. But from the beginning the females of age group 10-50 (in their menstruating years) were restricted to enter in the temple. And then when this case brought before the court because it violates the article 14 and 25 of Indian constitution. Therefore, it took several years to get justice but in 2018 the court Verdict came, and the females were given entry in the temple. So, the above examples of case law proves that our constitution always consider fundamental rights at the topmost position. And I think it is important that every citizen should be aware of their born free rights as the importance these rights is to make the citizens to live the life with dignity and develop their inner beings.
