Jahnavi Madhav Deshpande, CMR School of Legal Studies
[1981 AIR 746, 1981 SCR (2) 516]
IN THE SUPREME COURT OF INDIA, NEW DELHI
FRANSCIS CORALIE MULLIN ………. Petitioner
V.
THE ADMINISTRATOR, UNION TERRITORY OF DELHI & ORS ….Respondent
Bench:
Justice Bhagawati
Justice P. N. Fazal Ali
Justice Syed Murtaz
Date of judgment: 13/01/1981
INTRODUCTION
Fundamental rights are the basic human rights exalted in the constitution which provides protection to all the citizens from the government encroachment. Part three of the Indian constitution deals with fundamental rights. There are some rights which are expressly mentioned in the constitution. But some rights took their shape by judicial pronouncements. They are known as implied fundamental rights. It is impossible to enact any law that would cover all the necessary aspects, as they may not be adequate to address future developments. Sometimes they even create vacuum, to fill this vacuum the doctrine of necessary implications was emerged. So these implied fundamental rights are not expressly mentioned in the constitution but are emerged by the Supreme Court according to the time and circumstances.
In Maneka Gandhi case1 Supreme Court held that provisions relating to fundamental rights must be given widest possible interpretation. To be addressed as a fundamental right, it is not necessary that the right must expressly mentioned in the constitution. It is enough if it is an integral part of any mentioned fundamental right which has the same basic nature as that of the expressed fundamental right.
In this particular case court interpreted the Article 14 and 21 of the constitution relying upon an American case Munn v. Illinois2.
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