Question

Role of social organizatin in social action litigation india

Answer 1

Part III of the Indian Constitution enumerates a Bill of Rights within Articles 12 to 32. Article 13 provides that any laws which are inconsistent with the Constitution are void. While Article 13 does not directly speak of the Supreme Court of India having the power to declare the law unconstitutional, this has been taken to be the structural assumption of the Constitution and in particular of Articles 13 and 32. Article 14 enshrines the equal protection of the laws and equality before the law, and later articles set this out in more detail in specific areas. Article 19 is one of the most fundamental articles, safeguarding freedom of speech, association, assembly, the right to move and reside within the territories of India, and to practice any trade or profession.

The right to life and liberty is enshrined in Article 21, which has been the cornerstone in the establishment and development of PIL in India. The courts have expanded the meaning of this Right to ensure safe and dignified living for the people of India.  Religious freedoms are covered by Articles 25-27, and cultural minorities are protected by Articles 28-30.

It is Article 32 which provides the teeth with which to enforce the preceding provisions. An individual is granted the right to move the Supreme Court to provide a remedy for breach of any of the more particular rights mentioned above. The Supreme Court has a wide range of such remedies at its disposal,[xxiii] and the right guaranteed by Article 32 cannot be suspended except as otherwise provided by the Constitution.[xxiv] The importance of Article 32 was emphasized by Dr Ambedkar, one of the principal architects of the Constitution, who regarded this article as the very soul and heart of the constitutional document.[xxv]