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VOL. 8, ISSUE 2 (2022)
Judicial endeavour in the protection and development of human rights in India with references of neoteric verdicts
Authors
Hans Kumar
Abstract
The Indian judiciary is not only a watchdog for violations of fundamental rights guaranteed by the Constitution, but it is also the country's and its Constitution's only defensive armour. This study follows the descriptive and the analytical method and studies the various judgments and judicial activism to describe the role of judiciary in protection and development of Human Rights in India. The fact that we are human beings allows us to make claims. The paper discusses the Indian Constitution's human rights provisions. The purpose of this study is to examine the role of the Indian judiciary and judicial activism in the preservation of human rights. India has played a critical role in the protection of human rights since independence. Although India's constitution does not have a detailed Bill of Rights, efforts have been made to translate these realities. It finds that Human Rights are unalienable and ubiquitous. Judiciary has played a very important role in protecting and developing the Human Rights. In India judiciary has two rules first is the traditional job of the judges, which is to interpret the laws; and second is Judicial Activism, which is to go beyond the statute and use judgment to provide justice. Judicial activism is a dynamic process of altering judicial perspectives in a changing society. It is all about good governance and safeguarding the society's safety, security, and well-being. In India, the judiciary is not superior, but we do have constitutionalism, which states that the judiciary is autonomous and that all entities must obey the Supreme Court's orders for the good of the country. Human rights have traditionally been considered the foundation of any democratic system and Judiciary has played vital roles in defending and safeguarding human rights.
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Pages:105-110
How to cite this article:
Hans Kumar "Judicial endeavour in the protection and development of human rights in India with references of neoteric verdicts". International Journal of Law, Vol 8, Issue 2, 2022, Pages 105-110
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