How the courts plays a very significant
role in protecting oux fundamental mental right
Answers
Answer:
Judiciary protects our fundamental rights by issuing writs under article 226 or article 32, an individual can approach to designated court on violation of their fundamental rights, designated court shall issue the order to investigate in the particular case and if the authorities related to same case found guilty.
Explanation:
Hope it will help follow and like plz
Answer:
The process of Judicial review is important as it plays a role in protecting rights of the citizens. Is judicial review only an extraordinary power to review any decision? This question popped up in my mind after I saw the status of prisoners who have completed their sentencebut who are still behind the bars. There are several reasons for this such as non-maintenance of data record or not providing free legal service to the unprivileged people, which are violating the rights of underprivileged people.
Why such record is not being maintained by the persons concerned and why the prisoners are not getting free legal aid facility is a pertinent question.It is a matter of judicial accountability where the fundamental rights of underprivileged people are violated. This is the reason why we must implement judicial accountability.
Relying upon KesavanandaBharti’s case, the Court noticed Justice Khanna’s opinion that fundamental rights could be amended, abrogated or abridged so long as the basic structure of the Constitution is not destroyed and at the same time upholding 29th amendment as valid, it was noticed that in Indira Gandhi’s case Justice Khanna clarified his opinion, which tilted the balance in Kesavananda Bharti’scase in which six learned judges were on either side. Justice Khanna gave the casting opinion. The Supreme Court found that in Indira Gandhi v. Raj Narain Justice Khanna clarified his observations and said: “what has been laid down in the judgment is that no article of the Constitution is immune from the amendatory process because of the fact that it relates to fundamental right and is contained in Part III of the Constitution.”
The above observations clearly militate against the contentions that fundamental rights are not part of basic structure of the Constitution. The right to property was not a part of basic structure of the Constitution. This would have been wholly unnecessary if none of the fundamental right was a part of the basic structure of the Constitution. The acts put in 9th Schedule do not become part of the Constitution by such inclusion as no State legislature has power to repeal or amend the Constitution.
In Minerva Mills case justice Bhagwati did not consider the binding effect of majority judgment in Kesavananda Bharti case. They only examined the effect, impact and working of the doctrine of basic structure in KesavanandaBharti case. All these judgments show that violation in individual case has to be examined to find out whether violation of equality amounts to destruction of basic structure of the Constitution. Justice Khanna did not elevate the right of property to the level and status of basic structure or basic framework of the Constitution. He has resolved the doubts in his opinion in Indira Gandhi case.
Explanation:
hope it was helpful to you