A writ petition was filed by People’s Union for Civil Liberties in the Apex Court on Right to Food. The petition was filed when the food stocks in the country reached extraordinary levels on the other hand the starvation in the areas which were affected by the drought was getting magnified. The petition at first instance had Government of India, six State Governments and Food Corporation of India were the respondent but later all the states were added since the matter reached at that level where
difficult to provide a concrete definition for the word “right.” Right can mean many different things in different situations. For example, the right answer to one plus one is two. Yet, “doing the right thing” isn’t a simple answer like the previous example. In determining the difference between right and wrong, the pursuit of making an ethical decision is born. There are many concepts of right and wrong. Despite the number of concepts of right and wrong, there is a foundation that can be used to
writ of mandamus can only be granted when there is in the applicant a right to compel the performance of some duty cast upon the authority. The duty sought to be enforced must be a public duty. A private right cannot be enforced by the writ of mandamus. 2. The writ of mandamus can be issued to public authority to restrain it from acting under a law which has been declared unconstitutional. When it will not lie 1. When the duty is merely discretionary in nature the writ of mandamus will not lie
RELATIONSHIP BETWEEN DIRECTIVE PRINCIPLES AND FUNDAMENTAL RIGHTS Fundamental Rights and Directive Principle are integral components of the same organic constitutional system and no conflict between them could have been intended by founding fathers. But the view of Supreme Court on the relationship between Fundamental Rights and Directive Principles have not been uniform throughout. There are three possible views on the relationship between Fundamental Rights and Directive Principles. The first view
vigilant about the rights of children for they are the most valuable assets of the nation. It goes as a fact that development of children in a society and the development of nation as a whole go hand-in-hand and the most potent role in achieving such development is played by Education. Keeping this in mind, the India Judiciary emerges as a sign of commitment towards eradication of poverty and illiteracy from the country. The emergence of Right to Education as a Fundamental Right still has been an
can find a supreme law-giver in a nascent society. The concept of fundamental rights and their enforcement mechanism is an example of supreme law. The Supreme Court of India while interpreting the Fundamental Rights has expanded the scope of these rights to extents which were never imagined by our constitutional makers. The legislature or the executive or even the judiciary cannot in any manner infringe upon the fundamental rights of the citizen and in certain cases even non-citizens. In the His
The constitution defines our national goals of democracy, socialism and secularism, guarantees equality, liberty, justice, etc., to the citizens. It confers on us our fundamental rights and duties and also contains the directive principles for the government. It tells us about the intensions of our great leaders who drafted and gave us our Constitution. The farming of our constitution Indians had been demanding complete independence since 1929. Eventually, in 1945, Mr. Clement Atlee, who was sympathetic
plausible to have a human right to regular holidays with pay. It fails to be a human right because it is alienable, it is not universal, it is (redundant) not fundamental to our personhood and impossible to fulfill, therefore, it cannot be claimed or impose duties on others. I will elaborate on these five characteristics necessary for an interest to be considered a human right. I will then compare this (these) criteria to the idea of having regular holidays with pay as a human right. Having denied that
of basic rights and duties are influenced by their interests and hence are not always to the advantage of all citizens. In fact, Rawls argues that the prevailing Utilitarian and Intuitive theories, work on the principle of maximum benefits for the greatest amount of people, or the assumption that men born into different positions have different expectations
1 RIGHT, DUTY AND OBLIGATION/RESPONSIBILITY: A SEARCH FOR ETHICAL FUNDAMENTALS By Dr. Ani Casimir K.C 2 1) Introduction: Immanuel Kant gave philosophy four fundamental questions with which it is to concern itself and they are: (1) What can I know? ; (2) What is man?; (3) What can I hope for, and, (4) Finally, what ought I to do. The latter—‘what ought I to do?’ is the central subject of ethics,or what is variously called moral philosophy or philosophy of morality. With the concepts