Thursday, February 19, 2015

Derived articles are also considered as FR

Derived articles are also considered as FR? Like under article 21?
Yes the case which declared the derived rights say Right to shelter, the Court declared it as a fundamental right, widening the ambit of A 21.
See the right's ambit under 21 was widened.
It was reiterated by the SC that Right to Life included right to livelihood and right to shelter also.
But that doesn't mean then every road side person who dun have shelter can ask Govt to provide as FR is getting violated?
U r exactly right in saying that government can be asked not to disturb the Right of shelter of a person.

See Fundamental rights are guaranteed rights and court ask the other party not to violate or disturb those rights. It is a negative connotation which differentiates it from DPSP which is a positive mandate to the Government to do things, for the welfare of the people.

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