Fundamental Rights:



Fundamental Rights:
  • For civil liberties and functional democracy
  • Conceptualization: Natural rights-----Social rights---Human rights
  • Civil and political rights---social and economic rights like right to work etc---collective rights like sexual minority, consumer rights ---rights of future generations like Net neutratlity
FR
  • Part 3 of constitution A12-35
  • A12 - goi include.. ,
  • A13 - law inconsistent void,
  • A32 - JR,  A226 - HC 
  • Bill of right - US
Amendability
  • Article 13(2): State cannot make any law that takes away FRs
  • Shankari Prashad case (there are two types of legislative power: constituent and ordinary. Power under Article 368 is similar to that of power of the constitution assembly and therefore any 'Law' cannot include the Constitutional amendment. Thus can be amended ) to Sajjan Singh 1965  
  • Golakanath case 1967: cannot be amended
  • 24th Amendment Act:
    • Definition of law was changed
    • Thus can be amended
  • Keshavananda Bharti case 1973: Basic structure doctrine
  • 42nd Amendment Act, amended article 368 and gave parliament full power
  • Minvera Mills case (1980): Invalidated above provision
  • Waman Rao case (1981): Doctrine of basic structure would apply after 24th April 1973.
Basic Structure
Critique:
  • no constitutional basis
  • re-writing of constitution
  • infringement on the principle of Majority rule
  • Converts the Judiciary into the 3rd chamber of the parliament 
  • no objectivity and not clearly defined 
  • NJAC struck down due to it
Support:
  • SC is the final interpreter and protector of the constitution.
  • Preserves the constitutional identity
  • Till now it has been used responsibly
  • Facilitates democratic dialogue around key constitutional principles
  • Now an International practice: Bangladesh, Germany etc
Significance of FR
  • Bedrock of democratic system
  • Material and moral protection of man
  • Bulwark of individual liberty
  • Establishment of rule of law
  • Protect interest of minorities
  • Strengthen secular fabric of country
  • Check absolute authority of government
  • Lay down foundation stone of social equality
  • Dignity and respect
  • Facilitate participation of people




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