Judicial Dictionary - F
Judicial Dictionary
Legislative Dictionary
Fundamental Right
Category | F |
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Title | Fundamental Right |
Details | Fundamental right is a right that has its origin in a country's constitution or that is necessarily implied from the terms of that constitution. ‘Fundamental rights’ are the primordial rights necessary for the development of human personality. They are the rights which enable a man to chalk out his own life in the manner he likes best. They are embodied in Part III of the Constitution. They are the rights of the people preserved by our Constitution. Fundamental rights are given a transcendental position under our Constitution and are kept beyond the reach of Parliament. According to Hidayatullah J, fundamental rights are those rights which the state enforces against itself. [L C Golak Nath vs. State of Punjab AIR 1967 SC 1643 at 1656 & 1708] Gross violation of fundamental rights should shock the judicial conscience and force it to leave aside the traditional procedure which shackles the locus standi and gives standing to the petitioners. Unless the Court responds to it, governmental agencies would be left free to subvert the rule of law to the detriment of the public interest. [Ekushey Television Ltd. & ano. vs. Dr. Chowdhury Mahmood Hasan ors., 22] The Court has the constitutional responsibility to ensure that the fundamental rights of a citizen are preserved and protected. The Court gave necessary directions to the relevant authorities for taking appropriate actions against those who are responsible for colossal negligence of duty causing immense sufferings to innocent citizens. [The State vs. Deputy Commissioner, Satkhira and others, 14 BLD (HCD) 266] |
Created On | April 23, 2011, 9:31 AM |
Hits | 488 |