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Fundamental Rights
The Kesavananda Bharati v. State of Kerela (1973) is a landmark legal case in India that questioned the Fundamental Right to Property as per constitutional reforms. It significantly influenced the interpretation of fundamental rights and the state's power in land ownership. Due to limitations on lanRead more
The Kesavananda Bharati v. State of Kerela (1973) is a landmark legal case in India that questioned the Fundamental Right to Property as per constitutional reforms. It significantly influenced the interpretation of fundamental rights and the state’s power in land ownership.
Due to limitations on land ownership brought about by the Kerala Land Reforms Act of 1963, Kesavananda Bharati challenged the act because it violated his fundamental rights. The purpose of this measure was to reduce economic disparities.
The debates focused on how the Indian Constitution protects fundamental rights.
The Basic Structure Doctrine was established by the Supreme Court’s historic decision in the Kesavananda Bharati case. This doctrine permits Parliament to amend the Constitution while upholding fundamental elements such as the separation of powers, democratic governance, secularism, and the supremacy of the Constitution. This decision maintains India’s democracy by striking a balance between responsibility and authority.
The ability of Parliament to amend the Constitution was strengthened, enabling it to limit specific Fundamental Rights to meet social demands. This emphasizes the importance of evolving governance.
The Supreme Court established the ‘Basic Structure Doctrine’, which restricts Parliament’s ability to modify the Constitution while maintaining its basic elements. This serves as a crucial check on the power of the legislature.
The decision demonstrates the Supreme Court’s ability to interpret the law imaginatively, thereby shielding democracy from possible parliamentary overreach.
See lessDoctrine of Harmonization explains the relationship between Fundamental Rights and DPSP's. Comment.
The Doctrine of Harmonious Construction states that the Fundamental Rights (FRs) and Directive Principles of State Policy (DPSP) of the Indian Constitution should be interpreted and applied in a way that allows them to work together in harmony and avoid conflict. The doctrine is based on the idea thRead more
The Doctrine of Harmonious Construction states that the Fundamental Rights (FRs) and Directive Principles of State Policy (DPSP) of the Indian Constitution should be interpreted and applied in a way that allows them to work together in harmony and avoid conflict. The doctrine is based on the idea that the legislature does not intend to create conflicting provisions in a statute, which would be self-contradictory. The court should try to construe each provision of the Constitution so that they can function together seamlessly.
The FRs and DPSPs are often referred to as two sides of the same coin because they both form the core of the Indian Constitution’s philosophy. The FRs are the moral rights of every individual that they should be entitled to, while the DPSP’s are guidelines that every state must adhere to while framing laws.
Some examples of FRs include the right to equality, freedom, and freedom of religion, while some examples of DPSP’s include the right to work, education, and maternity benefits.
See lessFundamental Rights in Indian Constitution
Article 32 of the Indian Constitution plays a crucial role in guaranteeing the upholding of citizens' constitutional remedies and the enforcement of their fundamental rights. Often referred to as the "heart and soul" of the Constitution, this article holds immense significance in the Indian legal anRead more
Article 32 of the Indian Constitution plays a crucial role in guaranteeing the upholding of citizens’ constitutional remedies and the enforcement of their fundamental rights. Often referred to as the “heart and soul” of the Constitution, this article holds immense significance in the Indian legal and political landscape.
In essence, Article 32 of the Indian Constitution serves as the bedrock for the protection and enforcement of fundamental rights, ensuring that the promise of a just and equitable society enshrined in the Constitution is realized in practice. It has been a vital tool in the hands of the judiciary to safeguard the rights and freedoms of Indian citizens against potential infringement by the state.
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