how the fundamental rights are sometimes denied to the people and the role of court in providing justice to them
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In India, Fundamental Rights are enshrined in our constitution in Part 3 from Article 12-35. The concept is taken from USA constitution.
Most of them are available against the arbitrary action of the state.Sometimes state's arbitrary action and excessiveness violate the fundamental rights granted to the citizen by way of making parliamentary law. For instance, Section 66A of IT Act, 2000 which provides punishment for sending offensive messages through communication services. This section was in conflict with Freedom of Speech & Expression under Right to Freedom.
The right to get the Fundamental Rights protected is in itself a Fundamental Right under Article 32 (Supreme Court) & under Article 226 (High Court). Whenever Fundamental Right of any citizen get violated, the Supreme Court or the High Court are authorized to issue writs against that move if the aggrieved person approach court or court can also take suo motu. In fact, Fundamental Rights are defended and guaranteed by the Supreme Court. Like in the above case, Supreme Court strikes down the Section 66 A of the IT Act by declaring it unconstitutional.
Some of the Fundamental Rights are violated by individual action. For instance, prohibition of employment of children in factories is a fundamental right under Right against exploitation. In this case too court can direct the government to make stringent & robust laws to stop this menace. For example, on court direction, central government came out with more stringent law in the above case.
Most of them are available against the arbitrary action of the state.Sometimes state's arbitrary action and excessiveness violate the fundamental rights granted to the citizen by way of making parliamentary law. For instance, Section 66A of IT Act, 2000 which provides punishment for sending offensive messages through communication services. This section was in conflict with Freedom of Speech & Expression under Right to Freedom.
The right to get the Fundamental Rights protected is in itself a Fundamental Right under Article 32 (Supreme Court) & under Article 226 (High Court). Whenever Fundamental Right of any citizen get violated, the Supreme Court or the High Court are authorized to issue writs against that move if the aggrieved person approach court or court can also take suo motu. In fact, Fundamental Rights are defended and guaranteed by the Supreme Court. Like in the above case, Supreme Court strikes down the Section 66 A of the IT Act by declaring it unconstitutional.
Some of the Fundamental Rights are violated by individual action. For instance, prohibition of employment of children in factories is a fundamental right under Right against exploitation. In this case too court can direct the government to make stringent & robust laws to stop this menace. For example, on court direction, central government came out with more stringent law in the above case.
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