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prof s c pratihar (medical practitioner &legal studies)     19 November 2008

law and fundamental rights

dear sr members,

                       "A law to be valid must not only be one passed by legislature in exercise of power conferred on it, but must also be one that does not infringe the fundamental rights declaried by the constitution.(balaji v ito akola AIR1962 SC123at 128).                                     A law prohibiting   the exercise of fundamental rights is not necessarily illegal (narendra kumar v union of india AIR 1960 SC 430.) the citations were true at that point of time  and till date.such diversity of law needs an academic discussion. 



Learning

 5 Replies

N.K.Assumi (Advocate)     20 November 2008

Fundamental rights is based on public policy and in pursuance of the objective declared  in the Preamble, and though it is in the nature of prohibition addresed to the State for the protection of the individual there can not be any estoppel against the Constitution the paramount law of the land or waiver of fundamental rights by a person.

prof s c pratihar (medical practitioner &legal studies)     20 November 2008

thanks for short but true substance. some more elaboration and participation pls

B.B.R.Goud. ( Faculty)     07 March 2009

the legislation shall be brought out, in view of directive principles of state policy, by maintaining the balance between the fundamental rights and the directive principles of state policy, by which the welfare state shall have to be established, which is embodied in the preamble of our constitution.

Swami Sadashiva Brahmendra Sar (Nil)     12 March 2009

much water has flown under the bridge since 1962. there are hundreds of later judgments

B.N.Rajamohamed (advocate / commissioner of oaths)     14 March 2009

The consitution of india has guaranteed to all its citizens  some fundamental rights in  part-3 , at the same time there are some fundamental duties which all the cititzens should abide . The legislature is supposed to legislate laws without affecting the basic structure of the constitution . If such a law is passed that will be void. Though the law under challenge appears to be affecting the fundamental rights still it will be valid if it stipulates the fundamental duties which every citizen ought to perform and that will be contitutional if it does not affect the basic structure of the constitution.   


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