Undemocratic & Outdated Laws
A Study on Undemocratic and Outdated Laws
Meaning of democratic governance - based on the PREAMBLE to the Constitution, specifically from the RIGHTS perspective
Before heading with the research topic the first thing we have to understand is the meaning of democratic governance, it simply means not characterized by or relating to the principles of democracy. The preamble to the Indian Constitution reflects the basic spirit and structure of the Constitution. It is regarded that the PREAMBLE serves as a channelizing tool for the interpretation of the Constitution as a whole. The Preamble to the Indian Constitution puts forth the objects the Constitution aims at achieving. India follows a democratic form of government. The people of India elect their representatives at all level.
The rights of Indian citizen under the democracy of India are well reflected in the preamble itself. The constitution guarantees each and every citizen of India right to LIBERTY, EQUALITY, JUSTICE and FREEDOM. These rights are described below.
Article 5: Right to Liberty and Security
1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law -
(a) the lawful detention of a person after conviction by a competent court;
(b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;
(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;
(d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal
Meaning of democratic governance - based on the PREAMBLE to the Constitution, specifically from the RIGHTS perspective
Before heading with the research topic the first thing we have to understand is the meaning of democratic governance, it simply means not characterized by or relating to the principles of democracy. The preamble to the Indian Constitution reflects the basic spirit and structure of the Constitution. It is regarded that the PREAMBLE serves as a channelizing tool for the interpretation of the Constitution as a whole. The Preamble to the Indian Constitution puts forth the objects the Constitution aims at achieving. India follows a democratic form of government. The people of India elect their representatives at all level.
The rights of Indian citizen under the democracy of India are well reflected in the preamble itself. The constitution guarantees each and every citizen of India right to LIBERTY, EQUALITY, JUSTICE and FREEDOM. These rights are described below.
Article 5: Right to Liberty and Security
1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law -
(a) the lawful detention of a person after conviction by a competent court;
(b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;
(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;
(d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal