The Indian Constitution Cornerstone Of A Nation Essay

Suresh Kumar Kaushal vs. Naz Foundation: A Critical Analysis Introduction Fundamental Rights and Directive Principles of State Policy are the conscience of the Indian Constitution as pointed out by Granville Austin in his book â€Å"The Indian Constitution-Cornerstone of a Nation†. The Fundamental Rights are in general, those rights of citizens or those negative obligations on the part of the State not to encroach on individual liberty. The idea of Fundamental Rights was first conceptualized in the Bill of Rights of the American Constitution and has been adopted into the Indian one. The State, in addition to obeying the Constitution’s negative orders not to interfere with the liberties of the citizens must satisfy its commitment to ensure that the rights of the citizens are not being infringed by the society. In this project, Article 14, Article 15, and Article 21 shall be dealt with, which envisage equality, anti-discrimination on the grounds of sex and life and personal liberty respectively. The project concerns itself with the topic of gay rights or to be more specific LGBT (Lesbians, Gays, Bisexuals and Transgender) rights, which has been one of the themes of heated discussion and debate across the globe. The Delhi High Court passed a judgment in favor of the LGBTs in the year 2009 in the landmark judgment of NAZ Foundation v Government of N.C.T Delhi (hereinafter referred to as the NAZ Foundation case), declaring Section 377 of the Indian Penal Code which criminalizesShow MoreRelatedIndian Democracy1376 Words   |  6 Pagesterms of the Constitution, which was adopted on 26 November, 1949 and came into force on 26 January, 1950. During the past fifty-three years there have been regular elections to the Parliament and state legislatures. This reflects the maturity and wisdom of the Indian electorate, in whom the ultimate power and sovereignty rests. With the passage of time, Indian voters have become more assertive and active as regards their participation in the process of democracy. The turnout of Indian voters h as significantlyRead MoreThe Exploitation Of Black Labor Essay1514 Words   |  7 PagesIn M Intosh, both parties to the action claimed the same land through title descendant from different Indian tribes. Id. The issue presented was not merely whether Indians had the power to convey title, but to whom the conveyance could be made - to individuals or to the government that discovered land. Id. In holding that Indians could only convey to the latter, the Court reasoned that Indian title was subordinate to the absolute title of the sovereign that was achieved by conquest because [c]onquestRead More Separation Of Church And State Essay1747 Words   |  7 Pagescountries. 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