DID PRIVATIZATION LEAD TO DISOBEY CONSTITUTION?
FAKE NEWS- Some post and article went viral on Facebook & other
social media on the action of government privatizing some public sector company e.g.-
railway, LIC.
They are referring to constitution article 21,37,38,39,300. Government cannot
privatize their asset.
Fact – This information is false. There is nothing article which said
that government can’t privatize.
In-depth information
Article 21
Article 21 is protection of life and personal liberty No
person shall be deprived of his life or personal liberty except according to
procedure established by law. The Article prohibits the deprivation of the
above rights except according to a procedure established by law. Article 21 applies to natural persons. The right is
available to every person, citizen or alien.
Article 37
Application
of the principles contained in this Part The provisions contained in this Part
shall not be enforceable by any court, but the principles therein laid down are
nevertheless fundamental in the governance of the country and it shall be the
duty of the State to apply these principles in making laws
Article 38
State to secure a social order
for the promotion of welfare of the people
(1) The
State shall strive to promote the welfare of the people by securing and
protecting as effectively as it may a social order in which justice, social,
economic and political, shall inform all the institutions of the national life
(2) The
State shall, in particular, strive to minimize the inequalities in income, and
endeavor to eliminate inequalities in status, facilities and opportunities, not
only amongst individuals but also amongst groups of people residing in
different areas or engaged in different vocations
Article
39
states
that the Indian constitution shall be directing this policy for securing
citizens following –
(a)
The first part gives adequate livelihood to every citizen, including all men
and women, and these rights are equal.
(b)
Secondly, resource distribution of community (including ownership and control)
for the common good as for the welfare of the society.
(c)
thirdly, the economic system operation shall not result in the concentration of
wealth and means of production to the common detriment in short safety of the
person who is citizens of the country,
(d)
Every person has equal pay for equal work irrespective of sex.
(e)
the fifth point defines that the strength of the men or women or workers who
get involve themselves in working is not going to be abused including the
tender age of children, and also no citizens including the children were not
actually got fore bt any type of economic necessity in involving any avocation
which not suits to their ages or strength.
(f)that
the last point explains about the children safety that every child are must get
an opportunity or facilities to develop themselves in a very healthy manner,
and along with with that every children’s reputation or dignity in another word
shall be secured against any kind of exploitations or immoral and material
abandonment.
Article 300
Suits
and proceedings
(1) The
Governor of India may sue or be sued by the name of the Union and the
Government of a State may sue or be sued by the name of the State and may,
subject to any provisions which may be made by Act of Parliament or of the
Legislature of such State enacted by virtue of powers conferred by this
Constitution, sue or be sued in relation to their respective affairs in the
like cases as the Dominion of India and the corresponding Provinces or the corresponding
Indian States might have sued or been sued if this Constitution had not been
enacted
(2) If
at the commencement of this Constitution
(a) any
legal proceedings are pending to which the Dominion of India is a party, the
Union of India shall be deemed to be substituted for the Dominion in those
proceedings; and
(b) any
legal proceedings are pending to which a Province or an Indian State is a
party, the corresponding State shall be deemed to be substituted for the
Province or the Indian State in those proceedings CHAPTER IV RIGHT TO PROPERTY
#fakenews #constitutionofindia
Source
4.
https://indiankanoon.org/doc/76375/
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