Interplay Of Articles 14, 19 And 21 With Reference To Maneka Gandhi Case
- IJLLR Journal
- Jun 19
- 2 min read
Tarini Kalra, LLM, Manav Rachna University
Kanchan Bhadana, LLM, Manav Rachna University
Prof. (Dr.) SK Bose, Professor, School of Law, Manav Rachna University
ABSTRACT
Fundamental rights are enshrined in Part III of the Indian Constitution 1and serve as the foundation of individual liberties and human dignity within the framework of Indian democracy and extends beyond mere negative liberties, aiming to foster an atmosphere that supports equality and social justice. The Supreme Court through various judicial interpretations and landmark judgments has expanded the ambit of these rights, incorporating principles of social justice, environmental protection, and the right to privacy. This evolving jurisprudence reinforces that Fundamental Rights are not absolute. By showing that constraints on fundamental rights must also meet the norms of natural justice and procedure established by law, the Maneka Gandhi case2 strengthened the view that Fundamental Rights are not only individual entitlements but vital for safeguarding human dignity along with striking a balance between broader interest of the society. The establishment of reasonable limitations in the fundamental rights are important to maintain social order and enhancing collective well-being. This research article will explore the reasonable limitations on Fundamental Rights to achieve a balance between individual freedom and the broader interests of society, national security, and public order. This research paper will incorporate both doctrinal and non-doctrinal approaches featuring a combination of open- ended and closed-ended questions to examine the existing tests used to restrict the scope of fundamental rights. The non-doctrinal analysis will involve a survey of legal professionals, law students and informed citizens on the necessity of updating or amending these rights and consider potential future measures that may be required.
Keywords: Golden Triangle, Judicial Monitoring, Due Process of Law, Limitation of scope of fundamental rights
