2016International Journal in Management and Social ScienceRequires access

Human Rights and Fundamental Rights in Indian Constitution: An Assessment

L. Chandrakanthi

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Abstract

All constitutional rights are human rights but all human rights are not fundamental rights under Indian Constitution. In the Indian Constitution part III deals with exclusively fundamental rights and part Iv deals with Directive Principles of State Policy (Human Rights). Similarly, it is there in International law as International Covenant on Civil and Political Rights (whatever rights considered as fundamental rights in the constitution) and International Covenant on Economic, Social and Cultural Rights (Directive Principles of State Policy). However there is no difference between those above stated two categories of rights, but India fundamental rights are justiciable but rights under Part IV of the Constitution are non-justiciable. Further, Indian Judiciary remark them as complementary each other.

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What this paper is about

All constitutional rights are human rights but all human rights are not fundamental rights under Indian Constitution. In the Indian Constitution part III deals with exclusively fundamental rights and part Iv deals with Directive Principles of State Policy (Human Rights). Similarly, it is there in International law as International Covenant on Civil and Political Rights (whatever rights considered as fundamental rights in the constitution) and International Covenant on Economic, Social and Cultural Rights (Directive Principles of State Policy). However there is no difference between those above stated two categories of rights, but India fundamental rights are justiciable but rights under Part IV of the Constitution are non-justiciable. Further, Indian Judiciary remark them as complementary each other.

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Available abstract

All constitutional rights are human rights but all human rights are not fundamental rights under Indian Constitution. In the Indian Constitution part III deals with exclusively fundamental rights and part Iv deals with Directive Principles of State Policy (Human Rights). Similarly, it is there in International law as International Covenant on Civil and Political Rights (whatever rights considered as fundamental rights in the constitution) and International Covenant on Economic, Social and Cultural Rights (Directive Principles of State Policy). However there is no difference between those above stated two categories of rights, but India fundamental rights are justiciable but rights under Part IV of the Constitution are non-justiciable. Further, Indian Judiciary remark them as complementary each other.

Key concepts: Fundamental rights, Human rights, International human rights law, Right to property, International Covenant on Civil and Political Rights, Constitution, Rights of Nature, Law

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