The Role Of The Judiciary In Protecting Human Rights Under The Indian Constitution: A Critical Analysis
- IJLLR Journal
- Apr 4, 2024
- 2 min read
Diwakar Prasad Dwivedi, Khwaja Moinuddin Chisti Language University Lucknow
Piyush Kumar Trivedi, Khwaja Moinuddin Chishti Language University Lucknow
ABSTRACT
The Indian legal executive assumes a significant part in shielding basic freedoms as cherished in the nation's Constitution. This paper gives a basic examination of the legal executive's part in safeguarding common liberties, zeroing in on key sacred arrangements, milestone decisions, and difficulties looked in guaranteeing basic freedoms are maintained. The Constitution of India ensures crucial privileges to every one of its residents, including the right to life and individual freedom, the right to speak freely of discourse and articulation, equity under the steady gaze of the law, and insurance against separation.
The legal executive, especially the High Court and High Courts, goes about as a watchman of these privileges by deciphering and implementing sacred arrangements. A few milestone decisions have contributed fundamentally to the security of basic liberties in India. For example, the Kesavananda Bharati case laid out the tenet of essential design, which restricts Parliament's ability to revise specific basic freedoms. The Vishaka case tended to lewd behavior in the work environment and set down rules for forestalling and reviewing such episodes. These and different choices have molded the law on basic freedoms in India. Nonetheless, the legal executive likewise faces difficulties in actually safeguarding basic freedoms. Postpones in the removal of cases, absence of admittance to equity for minimized networks, and legal activism versus legal restriction discusses are a portion of the issues that influence the legal executive's part in maintaining basic liberties.
This paper fundamentally analyzes these difficulties and recommends measures to reinforce the legal executive's job in safeguarding common freedoms. These actions incorporate working on legal foundation to facilitate case removal, advancing lawful mindfulness among underestimated gatherings, and encouraging a decent methodology between legal activism and regard for official aim.
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