AD EDUXIAN JOURNAL

(A QUARTERLY MULTIDISCIPLINARY BLIND PEER REVIEWED & REFEREED ONLINE INTERNATIONAL JOURNAL)

YEAR: 2024

E- ISSN:3048-7951

A STUDY ON CONSTITUTIONAL RIGHTS AND SAFEGUARDSPROVIDED TO THE MINORITIES IN INDIA,

Abstract

This research paper examines the constitutional rights and safeguards provided to minorities in India, focusing on the legal framework, historical context, and implementation challenges. The Indian Constitution, a cornerstone of the country's democratic ethos, enshrines numerous provisions to protect minority rights, including Articles 14, 15, 16, 25-30, and 46. These articles collectively ensure equality before the law, prohibit discrimination, guarantee religious freedom, and protect the cultural and educational rights of minorities.The paper highlights the role of the judiciary in interpreting these provisions and ensuring their enforcement, with landmark cases such as the Kesavananda Bharati judgment underscoring the importance of minority rights. Legislative measures like the National Commission for Minorities Act, 1992, and policies such as the Prime Minister’s 15-Point Programme for Minorities further operationalize these constitutional safeguards. Despite a robust legal framework, the implementation of minority rights faces significant challenges, including socio-economic disparities, political resistance, and judicial delays. Recent legal developments, such as the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC), have sparked debates regarding their impact on minority communities, particularly Muslims. The paper concludes that while the Indian Constitution provides a comprehensive framework for minority rights, effective implementation and continuous monitoring are essential to ensure these rights lead to tangible benefits. Addressing socio-economic disparities and ensuring political commitment are crucial for the realization of constitutional safeguards for minorities in India.

Keynote: Minority Rights, Indian Constitution, Judicial Interpretation, Socio-economic Disparities, Secularism

Acceptance: 29-05-2024

Published: 24-07-2024

Writer Name

Dr. Jyotsna Raj & Ms. Janmoni Gogoi

Pages

108-116

DOI Numbers

11.2024-23697748