Constitution Of India: Right Against Exploitation

right against exploitation

Article-23 (Prohibition of traffic in human beings and forced labour) By this, the purchase, sale, begari and other similar forced labor of any person is prohibited, the violation of which is an offense punishable according to law.

Article 24 (Prohibition of employment of children) No child below the age of 14 years may be employed in factories, mines or any other hazardous work.

4. Right to Freedom of Religion

Article 25 Any person can profess and propagate any religion.

Article 26 (Freedom to manage religious affairs) A person has the right to establish and maintain institutions for his religion, to acquire, own and administer lawful property.

Article 27 The state cannot compel any person to pay such taxes, the income of which has been specially earmarked to be spent in the promotion or maintenance of any particular religion or religious sect.
The Supreme Court in its judgment in Golaknath v State of Punjab (1967 AD) stayed the amendment of Fundamental Rights through the procedure laid down in Article 368. That is, the Parliament cannot amend the Fundamental Rights.

Article 13 and 368 were amended by the 24th Constitutional Amendment (1971 AD) and it was determined that the Fundamental Rights can be amended by the procedure given in Article 368.

In the judgment of Kesavananda Bharati v Statehood of Kerala, such an amendment was given legal recognition, that is, the decision of Golaknath v State of Punjab was set aside.

  1. Clauses 4 and 5 were added to Article 368 by the 42nd Constitutional Amendment (1976E) and it was provided that such an amendment cannot be called in question in any court.

6. By the decision of Minerva Mills v. Union of India (1980 AD), it was held that the court has the right to protect the basic features of the constitution and the court can review any amendment on this ground. By this the arrangement made by the 42nd Constitutional Amendment was also abolished.

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