Title
JUDICIAL ACTIVISM AND HUMAN RIGHTS IN INDIA- STUDY
Abstract
Abstract:
Human rights can be defined as rights inherent in all over the world, without which we cannot live as human beings. Everyone is entitled to these rights without discrimination on the ground of race, sex, nationality, religion and language etc. In this paper the researcher deals that judiciary play vital role to protect human rights in the Indian. This article attempts to analyze the role of justice and judicial action in protecting Human rights. After independence, India played a very important role in protecting these rights. India has not made any effort to translate it into reality, so it has not incorporated the detailed Bill of Rights into its constitution. The judiciary in India has played a key role in turning these rights into reality. Consequently, the court has adopted all legislative, administrative and judicial or quasi-judicial agencies within the scope of the law, acting as the supreme interpreter, protector and guardian of the constitution. The judiciary has the responsibility to review all government actions. Undoubtedly, in a constitution with provisions to protect the basic rights of the people, the judiciary has the power and obligation to protect the rights of the people from any improper and unreasonable infringement. This paper is an attempt to focus the dynamics of judicial activism in the implementation of Human Rights in India. Judicial activism means the action of an activated judiciary in the protection of Fundamental Rights of the citizens contained in the Part-III of the Constitution of India. Fundamental Rights of the citizen are the basic or birth or natural rights. In India now a day while interpreting the Fundamental Rights of the Indian Constitution, the Supreme Court has draws from the International Declaration on Human Rights. Democratic country like India where there is a written and supreme constitution, the judiciary plays a very vital role to maintain the supremacy of the Constitution. Judicial activism is a delicate exercise involving creativity. It is the process by which new juristic principles are evolved to update the existing law, to bring it in conformity with the current needs of the society and for the development and growth of law. The Constitution of India is one of the most right-based Constitutions in the world. It contains the Fundamental Rights and Directive Principle of State policy which are expanded by the judiciary on the basis of International Human Rights. In this paper an attempt is made to focus the role of judiciary in India through judicial activism in the implementation of Human Rights.
Key Words
Key Words: Human Rights, Judicial Activism, Violation of Fundamental Rights, Protection of Human Rights and Public Interest Litigation.
Cite This Article
"JUDICIAL ACTIVISM AND HUMAN RIGHTS IN INDIA- STUDY", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.6, Issue 2, page no.611-615, February-2019, Available :
http://www.jetir.org/papers/JETIR1902G83.pdf
ISSN
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Cite This Article
"JUDICIAL ACTIVISM AND HUMAN RIGHTS IN INDIA- STUDY", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.6, Issue 2, page no. pp611-615, February-2019, Available at : http://www.jetir.org/papers/JETIR1902G83.pdf
Publication Details
Published Paper ID: JETIR1902G83
Registration ID: 545559
Published In: Volume 6 | Issue 2 | Year February-2019
DOI (Digital Object Identifier):
Page No: 611-615
Country: Bangalore dist., karnataka, India .
Area: Arts
ISSN Number: 2349-5162
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