Principles Of Fundamental Rights And Modern-Day Challenges

Authors

  • Dr. Mahesh Koolwal
  • Ms. Apeksha Sharma

Keywords:

Rule of Law, Judicial Review, FundamentalRights, and Constitution of India

Abstract

At the heart of Constitution is the individual whose rights are recognised as fundamental CJI Sharad Arvind Bobde
Fundamental Rights are the basic freedom granted with certain restrictions to humans. These rights are distributed in 6 categories theFundamentalequality right, the Fundamentalfreedom rights,rights which prohibit exploitation, rights practice any religion, right to attain culture and education and lastly protected by Constitutional remedies.
The Dicey doctrine rule of law is fully adopted in express under Indian Constitution. British jurist Albert Venn Dicey in 1885, define three basic principles of law
Supremacy of law: government cannot punish anyone arbitrarily
Equality before law: no man is above law
Pre dominance of judicial pronouncements: Interpretation of law by superior courts is binding on lower Courts.
This paper studies some basic principles of Fundamentalrights which are influencing judiciary according to change in world. The judiciary continuously works to finds creative solutions for problems arising due to certain rights granted to people of country, these are interpreted by judicial pronouncement and in light of various doctrine across where the right is also safe guarded by judiciary.
The author aimsto explore challenges faced by judiciary in protection of Fundamentalrights with changing world and involvement of digital technology after sudden impact of pandemic.

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Published

2023-12-21

How to Cite

Dr. Mahesh Koolwal, & Ms. Apeksha Sharma. (2023). Principles Of Fundamental Rights And Modern-Day Challenges. Elementary Education Online, 19(4), 5023–5029. Retrieved from https://ilkogretim-online.org/index.php/pub/article/view/5895

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Articles