What changes were made to India’s customary legal procedures once the British court system was established?
Role of the Indian Judiciary in Protecting and Expanding Fundamental Rights The Indian judiciary plays a pivotal role in interpreting and expanding the fundamental rights enshrined in the Constitution of India. Through its rulings, the judiciary not only safeguards civil liberties but also addressesRead more
Role of the Indian Judiciary in Protecting and Expanding Fundamental Rights
The Indian judiciary plays a pivotal role in interpreting and expanding the fundamental rights enshrined in the Constitution of India. Through its rulings, the judiciary not only safeguards civil liberties but also addresses socioeconomic rights and emerging rights. The judiciary’s approach has significantly impacted the lives of Indian citizens, reinforcing the constitutional promise of justice, equality, and dignity.
1. Civil Liberties:
The Indian judiciary has been instrumental in upholding civil liberties, including:
Right to Equality: The judiciary has reinforced the principle of equality before the law and equal protection of laws. Landmark cases such as Kesavananda Bharati v. State of Kerala (1973) emphasized that fundamental rights, including equality, cannot be violated even by constitutional amendments.
Right to Freedom: The Supreme Court has expanded the scope of fundamental freedoms, including freedom of speech and expression, through decisions like Indian Express Newspapers (Bombay) Pvt. Ltd. v. Union of India (1985). The Court has protected the right to privacy and personal liberty, as seen in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), where the right to privacy was recognized as a fundamental right.
Protection Against Arbitrary Detention: The judiciary has intervened to protect individuals from unlawful detention, ensuring adherence to the procedure established by law. The habeas corpus jurisdiction of the High Courts and the Supreme Court is a critical mechanism in this regard.
2. Socioeconomic Rights:
The Indian judiciary has also been proactive in addressing socioeconomic rights:
Right to Education: The Supreme Court, in Unnikrishnan J.P. v. State of Andhra Pradesh (1993), held that the right to education is a fundamental right under Article 21, leading to the enactment of the Right of Children to Free and Compulsory Education Act, 2009.
Right to Health and Livelihood: The judiciary has recognized the right to health as an essential aspect of the right to life. The Court has directed the government to ensure access to affordable and quality healthcare. In cases like Paschim Bengal Khet Mazdoor Samity v. State of West Bengal (1996), the Court emphasized the duty of the state to provide medical facilities.
Right to Clean Environment: The Supreme Court has addressed environmental concerns, ruling that the right to a healthy environment is integral to the right to life. This is evident in decisions such as M.C. Mehta v. Union of India (1987), where the Court mandated measures to control pollution and protect environmental quality.
3. Emerging Rights:
The judiciary has played a crucial role in recognizing and expanding emerging rights:
Right to Privacy: In Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), the Supreme Court declared the right to privacy as a fundamental right, influencing legislation related to data protection and personal autonomy.
Right to Gender Equality and Dignity: The Court has expanded the scope of gender equality through decisions like Vishaka v. State of Rajasthan (1997), which addressed sexual harassment at the workplace, and Navtej Singh Johar v. Union of India (2018), which decriminalized consensual same-sex relationships.
Right to Food: The Court has recognized the right to food as part of the right to life, leading to directives for implementing food security measures and improving public distribution systems.
Impact on Citizens’ Lives:
The judiciary’s role in expanding and protecting fundamental rights has had a profound impact:
Empowerment and Justice: The protection of civil liberties has empowered citizens, providing them with legal recourse against state excesses and ensuring justice in cases of human rights violations.
Social Justice: By addressing socioeconomic rights, the judiciary has contributed to social justice, improving access to education, health, and other essential services for marginalized communities.
Evolving Norms: The recognition of emerging rights reflects the judiciary’s responsiveness to evolving societal norms and issues, ensuring that the Constitution remains a living document that addresses contemporary concerns.
In summary, the Indian judiciary has played a dynamic role in protecting and expanding fundamental rights. Through its jurisprudence, the judiciary has reinforced civil liberties, addressed socioeconomic inequalities, and recognized emerging rights, significantly impacting the lives of citizens and advancing constitutional ideals.
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The British established a judicial system in India by introducing Western law, codifying laws and setting up a hierarchical court structure, replacing traditional Indian legal practices and authorities.The establishment of the British judicial system in India significantly altered traditional legalRead more
The British established a judicial system in India by introducing Western law, codifying laws and setting up a hierarchical court structure, replacing traditional Indian legal practices and authorities.The establishment of the British judicial system in India significantly altered traditional legal practices in several ways –
- British law replaced traditional Indian laws such as Hindu and Muslim personal laws, in many areas including criminal law, contract law and property law.
- The British codified Indian laws creating a uniform system of justice. This replaced the traditional system of jurisprudence based on customs, traditions and religious texts.
- A hierarchy of courts was established with the Supreme Court at the apex. This replaced the traditional system of dispute resolution through village councils (panchayats) and religious authorities.
- English became the language of the courts, replacing traditional languages such as Sanskrit, Persian and Arabic.
- British judicial procedures such as the adversarial system and the use of juries replaced traditional Indian procedures.
- The establishment of the British judicial system eroded the authority of traditional legal authorities such as village councils and religious leaders.
- British judicial system brought uniformity and standardization to the administration of justice in India, replacing the diverse traditional legal practices that existed across the country.
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