Political Science, asked by BrainlyHelper, 1 year ago

Question 10:
How is judicial activism related to the protection of fundamental rights? Has it helped in expanding the scope of fundamental rights?

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Answered by nikitasingh79
36

ANSWER :  

The area of judicial interventions has been expanding through the devices of Public Interest Litigation and enforcement of Human Rights. The Supreme Court and High Court are the guardians Of the Fundamental Rights mentioned in the Indian Constitution. Many judgements of the Supreme Court related to the protection of Fundamental Rights symbolises judicial activism. In Sunil Batra case, Justice Krishna Ayer stressed that the high pricing of legal publications monopolized by the government amounted to denial of equal protection of laws. In Khatri vs State of Bihar Supreme Court held that the indigent accused has the right to free legal services not only at the commencement of trial also at the initial stage when he is produced before the Magistrate for the first time. In 1995, the supreme court declared that health is the basic right of the people. Hence, doctors were brought under the consumer law. In 2001, the Supreme Court held that right to access to clean drinking water is fundamental necessity to life and it is a duty of the state to provide the same. In 1993 ,the Supreme Court held that to get education upto the age of 14 years is a Fundamental Right of the children and they got this right enforced through courts.

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Answered by ayushmanrathore05
4

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